[thakoppno]

> 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...

[lukifer]

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