EPISODE · Jun 28, 2018 · 30 MIN
Fire in a Crowded Theater
from Make No Law: The First Amendment Podcast · host Legal Talk Network
“You can’t yell ‘fire’ in a crowded theater” is one of the most commonly used First Amendment catchphrases -- but does it really support exceptions to free speech? The answer to this question can be found in the writings of Supreme Court Justice Oliver Wendell Holmes. He penned the phrase in 1919, not to justify moderate limits on speech, but to justify government prosecution of those speaking out against the draft. Learn more about your ad choices. Visit megaphone.fm/adchoices
What this episode covers
“You can’t yell ‘fire’ in a crowded theater” is one of the most commonly used First Amendment catchphrases -- but does it really support exceptions to free speech? The answer to this question can be found in the writings of Supreme Court Justice Oliver Wendell Holmes. He penned the phrase in 1919, not to justify moderate limits on speech, but to justify government prosecution of those speaking out against the draft. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Fire in a Crowded Theater
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