[2012] It’s Time to Stop Using the ‘Fire in a Crowded Theater’ Quote

Posted more for my own reference, as I still see people quoting “fire in a crowded theater” while advocating for censorship.

It’s Time to Stop Using the ‘Fire in a Crowded Theater’ Quote

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” (emphasis mine).

Today, despite the “crowded theater” quote’s legal irrelevance, advocates of censorship have not stopped trotting it out as thefinal word on the lawful limits of the First Amendment. As Rottman wrote, for this reason, it’s “worse than useless in defining the boundaries of constitutional speech. When used metaphorically, it can be deployed against any unpopular speech.” Worse, its advocates are tacitly endorsing one of the broadest censorship decisions ever brought down by the Court. It is quite simply, as Ken White calls it, “the most famous and pervasive lazy cheat in American dialogue about free speech.”

Federal Judge Dismisses Steve Bannon’s Indictment Due to Trump Pardon, But Not Without a Parting Shot

Federal Judge Dismisses Steve Bannon’s Indictment Due to Trump Pardon, But Not Without a Parting Shot

Before ending her ruling, Torres extensively cited case law suggesting Bannon’s acceptance of the pardon acknowledged the truth behind allegations that he conspired to defraud donors of the non-profit We Build the Wall and pocketing the loot through money laundering.

Quoting another 19th century ruling from the New Jersey Supreme Court, Torres wrote: “Pardon implies guilt.”

How Steve Bannon Tried to Destroy Pope Francis

How Steve Bannon Tried to Destroy Pope Francis

Another role, geopolitical in measure, entails McCarrick’s diplomatic entreaties to China, having at one point worked with President Jiang Zemin (1993-2003) to normalize relations with Rome. (The Cardinal later played a role alongside Pope Francis in the diplomatic backchannel that led to President Obama’s opening to Cuba, much to the chagrin of the conservatives.) The conservative wing of the hierarchy seeks to revive Cold Warrior strains of rhetoric about persecuted religious minorities, a gesture synoptic with the neocon saber rattling towards Beijing. For example, Cardinal Joseph Zen of Hong Kong has links with the CIA-backed National Endowment for Democracy and previously expressed public skepticism of Pope Francis’ diplomatic overtures to the mainland. In contrast, the liberals have a much more nuanced and pragmatic approach, perhaps in part due to realization that, unlike the days of the adamant Polish patriot upon Peter’s Throne, it is very unlikely that an indigenous Chinese Catholic popular movement will dislodge the Communist Party in the fashion of Lech Wałęsa and Solidarność three decades ago. (Where the secular cynicism of the neocon militarist impulse diverges from the theological wishful thinking of over-zealous believers and clerics waiting on the divine intervention of St. John Paul II is hard to determine.)

Biden considering executive action on gun control, Psaki says

Biden considering executive action on gun control, Psaki says

Related:

Biden Administration Urges Supreme Court To Let Cops Enter Homes And Seize Guns Without A Warrant

Marksman who is Asian American says gun control laws are racist, puts Asians at risk

Gun control’s racist reality: The liberal argument against giving police more power

The racial politics of gun control

THE (REALLY, REALLY) RACIST HISTORY OF GUN CONTROL IN AMERICA

KARL MARX ON GUN CONTROL

Gun Control and Class Struggle