Just FYI: You ARE ALLOWED to shout "Fire!" in a crowded theatre

[Seeking Serenity]

as long as there is, in fact, a fire.

What you may not do is FALSELY shout fire in a crowded theatre with the intent that people be harmed as the result of your action.

I just had to point this out because I've seen far too many posters on the seemingly ubiquitous "Rush Limbaugh should be banned/tried for treason/fed copious amounts of nitroglycerin and then pushed over" threads get that (now almost trite and cliched) analogy wrong.

(NB: There are DU posters on those threads who got the phrasing right, and I commend them most highly.)

Perhaps the omission is just forgetfulness or just a time-saving shortcut. But I would hate for someone to leave here, go to their local googolplex tonight, notice the screening-room curtain combust, and say to himself, "I sure would like to warn all these people of the coming conflagration, but I'm not allowed to shout 'Fire!' in a crowded theatre."

I think that would be bad.

So, let's all say it together: The First Amendment's protection of freedom of speech does not extend to FALSELY shouting fire in a crowded theatre.

End of rant. We now return you to your regularly scheduled brouhaha.

:rant:

[aquart]

1. Correct.

[Seeking Serenity]

4. Thank you for your very economical show of support.

Short, sweet, and to the point.

[Occam Bandage]

2. Um...yes. Fortunately for him, Rush Limbaugh has not shouted fire in a crowded theater,

with intent to cause harm. He has, rather, said things that his political opponents find highly offensive.

[Seeking Serenity]

9. I know. Shocking, isn't it?

[hobbit709]

3. How about the right to shout "Theater" at a crowded fire?

As Abbie said.

[Shiver]

7. I've always wanted to shout "CROWD!" in a theatre fire...

[DS1]

5. Dumbest rant ever.

[Seeking Serenity]

13. Ah, thank you very much.

Your use of the superlative adjective indicates that I am finally tops at something.

Pride!

[RB TexLa]

6. You may also falsely shout fire or bomb in a crowded theater

you are just responsible for what happens both in criminal and civil court. But you can do it if you wish.

[hobbit709]

10. True. Freedom of speech gives everyone the right to open mouth wide

and see how far you can insert foot. But be prepared to face the consequences.

[RaleighNCDUer]

15. True.

I just want Limbaugh to see some fucking consequences.

[NeedleCast]

21. Me Too

You and I have had several exchanges the last few days on this topic. You seem to think I'm a Rush supporter, and I'm not.

I have no problem with people bringing civil suit against Rush and no problem with people contacting the authorities to report some of the things he's said.

BUT, until he's actually found guilty, all the dumbassary he spews is protected.

To continue what the OP is saying, you absolutely CAN falsely yell fire in a crowded theater. Doesn't make it a good idea, but if no one gets hurt or no one files suit or takes action against you, you're probably going to get away with it.

[Seeking Serenity]

23. Your point is well taken.

I should have clarified. You can (in that, you have the physical ability to do so) falsely shout "Fire!" in a crowded theatre. But you will not be heard to claim any First Amendment protection should someone decide to prosecute or sue you for doing so.

[Xenotime]

8. There are limits to "free speech" and he goes over them everyday.

[Raskolnik]

11. Why do you listen to him every day?

You know you can turn your radio off, right?

[Xenotime]

25. How else are you going to use his words against him if you don't listen?

[Occam Bandage]

12. Yes, there are, and no, he hasn't.

Everything he says is protected speech. Political dissent is especially protected.

[MessiahRp]

19. Ironic that you posted this

Since you have been all over those who have dissented against Obama's conservative/DLC picks for his Administration or those who, like myself, have dissented against the general direction of the Democratic Party the past couple of weeks.

Rp

[Occam Bandage]

20. You, like Rush, have the right to dissent freely.

You, like Rush, are usually wrong while doing it.

[MessiahRp]

29. Yes because I am like Rush Limbaugh

That's a pretty pathetic comeback.

Weak.

Rp

[Raskolnik]

33. Your right to free speech is exactly like Rush Limbaugh, that's the point.

You and he have the same rights to political speech, and the same protections under the Constitution.

[annabanana]

22. "formerly known as

"

sometimes you just kill me...:D

[RaleighNCDUer]

24. There is a difference between 'dissent' and 'lies'.

When limbaugh talks about the WMDs that were found in iraq, that is not a dissenting opinion - that is LYING.

A dissenting opinion (which he is too cowardly to voice) is that we don't need no stinking WMDs to invade - we have the power to do whatever we want whenever we want wherever we want. That is an opinion, which is protected no matter how asinine it may be.

With no fairness doctrine we have thrown out truth - under the doctrine if a station broadcast a lie, they would HAVE to allow a rebuttal of that lie, even if it cost them financially.

Saying we need to have troops in Iraq is a dissenting opinion. Saying we need to have troops in Iraq because they attacked us is a lie.

I say he can stay on AFN as long as he likes - if he refrains from LYING. Lying to the troops should be automatic grounds for cancellation.

[KingOfLostSouls]

14. You're not allowed to say "bomb" in an airport

some people here who want to "I SUPPORTZ DA FRISTZ!" forget one simple old adage.





The right to swing my fist ends where the other man's nose begins

[Raskolnik]

26. It's cute that you are so contemptuous of people that support the Constitution.

And even cuter when you marry that contempt with a fundamental ignorance of what the First Amendment protects.

[KingOfLostSouls]

27. You're a fool

go yell "BOMB!" in LAX and see how far that gets ya, sport.


hopefully you've been neutered before you're allowed to breed.

[Raskolnik]

28. Your wilfull ignorance of First Amendment law is nothing to be proud of, "sport."

Political speech, even political speech as vulgar as Limbaugh's, is not analogous to (falsely) shouting "bomb" in LAX. There are thousands scholarly works, popular books, and court decisions that discuss this issue, all of which you have apparently studiously avoided.

Is there any other portion of the Constitution you have this much contempt for, or is it just the First Amendment?

[Bucky]

16. You're not allowed to say cocksucking pigfucker on primetime TV

even when the person being so designated is, in fact, a cocksucking pigfucker. Therefor, I am being oppressed.

... by the cocksucking pigfucker establishment.

[KingOfLostSouls]

17. Kids might be watching

a little sanity here


its like the rick santorum argument, "gay sex might lead to man on dog."

[QueenOfCalifornia]

18. !

You have a way with words. :D

[Raineyb]

30. Exactly

That misuse of the phrase annoys me.

Regards

[Soylent Brice]

31. sad that it had to be said.

[TahitiNut]

32. The Iroquois Theater was in Chicago on North Randolph.

:shrug:

[Seeking Serenity]

34. Hey, that's great.