That would make me wonder how many cases there have been of someone
"shouting fire in a crowded theatre" where there was no fire and at
least one person died as a result; and the charge laid against the
shouter was "reckless disregard for human life resulting in culpable
homocide" and the elements of that offence being proved, was dismissed
on the basis that the "speech" was protected by the first amendment?
In article <35226213b6fcdc4a9c94f0bf3047201c@mail.dessus.com> you write:
That would make me wonder how many cases there have been of someone
"shouting fire in a crowded theatre" where there was no fire and at
least one person died as a result; ...
Probably none. That metaphor was used by Justice Holmes in a
now-discredited Supreme Court decision Schenck v. U.S., which was
actually about handing out anti-draft leaflets during WW I. It was
overwrought then and has never been a useful guide to free speech law.
This seems a wee bit distant from Parler or TOS or Sec 230.
R's,
John
That would make me wonder how many cases there have been of someone
"shouting fire in a crowded theatre" where there was no fire and at
least one person died as a result; ...This seems a wee bit distant from Parler or TOS or Sec 230.
That's because people continue to believe that this has something to do with the 1st Amendment, which of course it does not. But you can't disabuse people of their poorly informed notions.
Anne
Only if you believe censorship has nothing to do with free speech.
Maybe if one puts a sign/flyer up in their front yard opposing what their belief is and argues “free speech” lol, totally joking…
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Only if you believe censorship has nothing to do with free speech.
I’m not sure what you mean here. One can advocate for or against “free speech” and whatever it may ultimately include or not include without having to invoke a specific United States legal framework which doesn’t apply in many (most) contexts. Freedom of speech as a right of humankind has existed as a concept since long before the US did, the US merely enshrined in its constitution that the government should generally not infringe on it, with very limited circumstances in which it may do so. This is, in my opinion and that of others, a good thing. Where those lines are to be drawn is largely up to the courts, and is often the subject of debate among both jurists and laypersons.
I guess my overall point here is this: there’s no reason you can’t say “free speech is an important right that we must protect” without invoking any specific legal doctrine, if that’s what you believe. That statement can easily apply to any government agency, private corporation, public corporation, or individual citizen, and be broadly relevant. Once you invoke the first amendment, you’re now limiting the context of your advocacy.
I think it is reasonably clear this was a reference to the Iroquois Theatre fire where 602 people died.
https://en.wikipedia.org/wiki/Iroquois_Theatre_fire
https://www.smithsonianmag.com/history/how-theater-blaze-killed-hundreds-forever-changed-way-we-approach-fire-safety-180969315/
At what point does the person from ISC yell this is not nanog related, like he did to me?
I think it is reasonably clear this was a reference to the Iroquois Theatre
fire where 602 people died.
Not at all. The actual quote is
The most stringent protection of free speech would not protect a man
falsely shouting fire in a theatre and causing a panic.
The Iroquois fire was unfortunately all too real.
As soon as the US entered WW I the first amendment basically went out the window with the Espionage Act. Schenck was part of that.
R's,
John
Hi,
> I think it is reasonably clear this was a reference to the Iroquois Theatre
> fire where 602 people died.Not at all. The actual quote is
The most stringent protection of free speech would not protect a man
falsely shouting fire in a theatre and causing a panic.The Iroquois fire was unfortunately all too real.
As you can see by looking at your own quote, there is nothing about
whether or not there actually is smoke or is a fire in the "crowded
theater". Certainly the operators, owners, and builders of the
Iroquois Theater all claimed that the exists were more than adequate
and it was entirely the fault of the people who died from being
crushed/trampled because they should have remained calm.
Thanks,
Donald
Hi,
Only if you believe censorship has nothing to do with free speech.
As Anne was trying to point out, the 1st Amendment protects you from the
Government, and more specifically, Congress:
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.
Your 1st Amendment rights do not include the right to put your signs in
your neighbor's yard, and by extension, to host your website on your
neighbor's (or Amazon's) private infrastructure.
This does not mean that I agree with Amazon's decision. There are a lot
of implications to this.
Thanks,
Sabri
Who now waits for another donotpay.com "confirmation". And will then,
yet again, complain to their support, Mailgun, and AWS.