0
Who said Free speech would not protect a man in falsely shouting five in a theater and causing a panic?
Wiki User
∙ 12y ago
Justice Oliver Wendell Holmes.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
When does the freedom of speech not apply?
Freedom of speech does not protect against treason, violation of national security, extreme obscenity, dangerous speech (such as shouting "fire" in a crowded place), or conspiracy. It also does not protect one who knowingly lies to harm another person (perjury, libel, slander). Freedom of speech does not allow anyone to disrupt lawful processes - for example shouting down a teacher or outbursts in a courtroom.
What was Oliver Wendell Holmes' opinion in Schenck v US?
The Court's decision in Schenck v. United States, (1919) placed a limitation (called an exception) on constitutional First Amendment rights to freedom of speech or expression.Oliver Wendell Holmes, Jr., writing the opinion of the Court, held that First Amendment protection did not extend to circumstances where exercise of speech created a "clear and present danger." This is also the case that used the example of "shouting 'fire' in a crowded theater."The exact quote is: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."Holmes point was that there is no absolute right of free speech, because there are always circumstances in which unregulated expression can create problematic or dangerous situations. The need for safeguarding the public (or, in the case of Schenck, the government) against certain forms of speech creates exceptions that are not protected by the First Amendment. "Falsely shouting fire in a theatre" is an example illustrating Holmes' point.Another quote from Schenck that further clarifies the Court's position: "Words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment may become subject to prohibition when of such a nature and used in such circumstances a to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent. The character of every act depends upon the circumstances in which it is done."Holmes concluded the intent of the pamphlet Charles Schenck distributed was to influence drafted men to resist enlistment, which would obstruct the government's war effort. Holmes acknowledged the circular would have been protected under the First Amendment during peace time, but that the United States' engagement with Germany in war changed the context.Case Citation:Schenck v. United States, 249 US 47 (1919)
What was the name of the theatre that Abraham Lincoln was shot?
the name of the theater where he was assassinated was Ford's Theater. He was assassinated by John Wilkes Booth on April 14, 1865
What was the first permanent theater in Rome?
The theater of Pompey and was built in 55 BC
Which president was in Ford's theater?
Abraham Lincoln was in Ford's Theater when he was assassinated. President Reagan was also in Ford's Theater shortly before John Hinkley's assassination attempt on him.
When was Shouting fire in a crowded theater created?
Shouting fire in a crowded theater was created in 1919.
Is it illegal to scream 'terrorist' in Walmart?
yes because a terrorist is a very bad thing to encounter and people are going to freak out, and it is just the same as yelling fire in a movie theater . so yes it is illegal it is overpowering the law of freedom of speech . No, it is not illegal to shout "terrorist" in Walmart. It would be illegal to create a dangerous situation (the patrons stampeding out the exits) by doing something, including just shouting something. The crowded theater example shows that simple speech could create a dangerous situation and that the First Amendment Freedom of Speech provision does not protect the person shouting "Fire" from prosecution for causing the situation. The illegal action is not in shouting one particular word or another. The illegality is causing a dangerous and harmful situation by shouting something. If a person yelled "terrorist" in Walmart and no one paid any attention, there would be no dangerous situation and no crime. In fact the likelihood that Walmart shoppers would pay any attention to someone shouting "terrorist" is dubious at best.
What are some situations where someone would be restricted from expressing the freedom of speech or writing?
Publishing classified information, making untrue statements (libel) or the classical "Shouting FIRE in a crowded theater".
How does the constitution protect the freedom of expression?
The 1st amendment give one the freedom of speech; however, one can not yell fire in a theater when there is not fire
When does the freedom of speech not apply?
Freedom of speech does not protect against treason, violation of national security, extreme obscenity, dangerous speech (such as shouting "fire" in a crowded place), or conspiracy. It also does not protect one who knowingly lies to harm another person (perjury, libel, slander). Freedom of speech does not allow anyone to disrupt lawful processes - for example shouting down a teacher or outbursts in a courtroom.
What was Oliver Wendell Holmes' opinion in Schenck v US?
The Court's decision in Schenck v. United States, (1919) placed a limitation (called an exception) on constitutional First Amendment rights to freedom of speech or expression.Oliver Wendell Holmes, Jr., writing the opinion of the Court, held that First Amendment protection did not extend to circumstances where exercise of speech created a "clear and present danger." This is also the case that used the example of "shouting 'fire' in a crowded theater."The exact quote is: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."Holmes point was that there is no absolute right of free speech, because there are always circumstances in which unregulated expression can create problematic or dangerous situations. The need for safeguarding the public (or, in the case of Schenck, the government) against certain forms of speech creates exceptions that are not protected by the First Amendment. "Falsely shouting fire in a theatre" is an example illustrating Holmes' point.Another quote from Schenck that further clarifies the Court's position: "Words which, ordinarily and in many places, would be within the freedom of speech protected by the First Amendment may become subject to prohibition when of such a nature and used in such circumstances a to create a clear and present danger that they will bring about the substantive evils which Congress has a right to prevent. The character of every act depends upon the circumstances in which it is done."Holmes concluded the intent of the pamphlet Charles Schenck distributed was to influence drafted men to resist enlistment, which would obstruct the government's war effort. Holmes acknowledged the circular would have been protected under the First Amendment during peace time, but that the United States' engagement with Germany in war changed the context.Case Citation:Schenck v. United States, 249 US 47 (1919)
What is the word 'theater' when translated from English to Japanese?
which theater Gekijō = theater but most understand theater eigakan = is movie theater Shujutsu-shitsu = operating theater
Why was the Globe Theatre closed in 1603 and 1608?
The Globe Theater was closed during these years to due collossal outbreaks of the Bubonic Plague in London, killing over 33,000 people in 1603 and causing just as big a stir in 1608. The Globe Theater was also shut down due to this in 1593. Some of the things causing the plague were an overpopulation of infected animals, the absence of a sewer system, and the overall lack of waste management during this era. William Shakespeare, the face of the Globe Theater, had several relatives (mostly grandsons) and friends die as a result of the Bubonic Plague and made it a point to shut down the theater during each major outbreak.
Can a person be prosecuted for yelling fire in a crowded building when there is no fire?
AnswerYes, it's called Reckless Endangerment. When you make an action like that intentionally and knowing that there is no such danger, it encourages an action in the crowd that you would have probable reason to suspect panic. People get injured in panics. To put people in danger knowingly and without justification is illegal in all states. But get hold of a lawyer for specific citations.AnswerYes, freedom of speech only pertains to things that do not endanger others. FALSELY yelling "FIRE!" in a crowd will get you arrested. It can cause unwanted panic and people can be injured.For information about the legal reference to "shouting fire in a crowded theater," see Related Questions, below.
Kinds of theater?
athenian theater, medieval theater, Elizabethan theater, and panoramic theater the difference between the four is their architectural design only
What is childrents theater?
A children's theater is a theater that is suitable for kids.
What is the different between the pacific theater and the European theater?
in the European theater we fought the Germans in the pacific theater we fought the Japanese
