| Shouting Fire In A Crowded Theatre |
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It is a misquotation, since, of course, if there is a fire in a crowded theater, one may indeed shout "Fire!". The claim made concerns falsely shouting "Fire!" in a crowded theater, i.e. shouting "Fire!" when one believes there to be no fire, in order to scare people. This lying speech in order to cause panic is not protected by the First Amendment. The expression was penned by Justice Oliver Wendell Holmes, Jr. , in 1919 , during the United States Supreme Court case '' Schenck V. United States ''. Holmes, writing for a unanimous majority, ruled that it was illegal to distribute fliers opposing the draft during World War I . Holmes argued this abridgment of free speech was permissible because it presented a " Clear And Present Danger " to the government's recruitment efforts for the war. Homes wrote: :The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic. {Link without Title} The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent. (This ruling preceded the adoption of Building Code s, and theatergoers faced a real possibility of being unable to escape the building in an emergency due to narrow aisles and jammed doors.) ''Schenck'' was later overturned by '' Brandenburg V. Ohio '', which ruled that speech could only be banned when it was directed to and likely to incite Imminent Lawless Action (e.g. a Riot ), the test which remains until this day. Some now see the ''Schenck'' argument to be mistaken, contending that pamphleteer was more like yelling fire outside a building to prevent people from entering than it was trying to encourage people to stampede out. Despite ''Schenck'' being overturned, the phrase "shouting fire in a crowded theater" {Link without Title} has since come to be known as synonymous with an action that the speaker believes goes beyond the rights guaranteed by free speech, reckless or malicious speech, or an action whose outcomes are blatantly obvious. RESEARCH RESOURCES
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