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Unread 10-19-2004, 12:16 PM   #32
DarthZeth
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from an earlier post in this thread:
Quote:
the "Fire in a Crowded Theater" concept from the 1910's that 'limits' free speech (that case was actually about guys passing out literature telling people to dodge the draft during WWI. Since dodging the draft was illegal, and there was a law on the books saying you can't pass out literature inciting people to break the law, the guys were convicted. It had NOTHING to do with theaters OR fire. And, the judge is on record a few years alter saying that his statement was a mistake. i also think a 1960's case over turned that decision. /history lesson)
the case is Schenck v. United States, 249 U.S. 47 (1919). Justice Oliver Wendell Holmes Jr was the justice who wrote that brief from which the quote came from. That decision was used as the basis to imprison many anti-war dissidents who opposed the draft and our involvement in WWI.

if I understand properly, Brandenburg v. Ohio in the 60's changed the fundamentals of the law, getting rid of the concept of obstructing security "by means of persuasion".



so, hmm, "untruthful, and promotes nothing that would be considered acceptable free speech."

I guess we should toss all the protestors with signs that say "Bush = Hitler" in jail then. Oh yeah, and lets gag John Edwards for saying that if he was elected, people like Christopher Reeves would get up and walk again.

Please. “promotes nothing that would be considered acceptable free speech”? you mean “promotes nothing that supports my favorite candidate”
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Last edited by DarthZeth; 10-19-2004 at 12:18 PM.
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