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by rpdillon 3 hours ago
For what it's worth, yelling fire in a crowded theater is First Amendment protected speech.

https://www.techdirt.com/2023/03/14/setting-1st-amendment-my...

I'm just stating facts.

https://www.popehat.com/p/the-first-amendment-isnt-absolute

2 comments

Sigh. Yes, it depends on context. Like everything.

Yet, what’s the point of pedantic digressions that distract and muddy rather than clarify and communicate?

This video was extremely disingenuous.
The video is educational. It uses an extreme scenario to make its point, but that's because it's being illustrative.

Okay, so maybe you don't believe a lawyer. Let's try a different lawyer that's more famous.

> So, there you have it: obscenity, defamation, fraud, incitement, and speech integral to criminal conduct. Throw in true threats - which was left out of this list for some reason - and child pornography, and you’ve got the categories. Note that the Court specifically identifies them as well-known and historic, not as in flux.

https://www.popehat.com/p/the-first-amendment-isnt-absolute