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by FormerBandmate 1104 days ago
Freedom of speech is a legal concept that clearly doesn't cover CSAM. Free speech is a principle but it also doesn't cover CSAM. Fire in a crowded theater doesn't actually work as a legal defense but obscenity does
2 comments

That's another reason I prefer the term "free exchange of ideas"; by using different wording it helps avoid the confusion created by people conflating the general principal of such freedoms with any specific legal provisions that exist in the U.S. constitution. (Though I agree in this case my wording is in agreement with how the courts define "freedom of speech" in practice.)
> Fire in a crowded theater doesn't actually work as a legal defense

It may actually be a defense.

https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...

As discussed ITA, that case was later overturned; and it’s worth remembering that its origin was as an analogy to justify criminalizing pamphleteering against the draft [0] (one could not imagine a more salient example of “political speech”)

[0] https://en.wikipedia.org/wiki/Schenck_v._United_States