[mattraibert]

> the cant-shout-fire-in-a-crowded-theater chestnut.

Shouting fire in a crowded theater has been protected speech since 1969:

http://www.theatlantic.com/national/archive/2012/11/its-time....

> In 1969, the Supreme Court's decision in Brandenburg v. Ohio effectively overturned Schenck and any authority the case still carried. There, the Court held that inflammatory speech--and even speech advocating violence by members of the Ku Klux Klan--is protected under the First Amendment, unless the speech "is directed to inciting or producing imminent lawless action and is likely to incite or produce such action"

[andrewfong]

I'm not sure that's entirely accurate. Shouting fire in a crowded theatre isn't "inflammatory speech" as it's used in Brandenburg (although it may be inflammatory in another sense). So while the case referencing "fire in a crowded theatre" has itself been overturned, that's not the same as saying you can now literally shout fire in a crowded theatre. At the very least, you'd be liable for negligence.