The Atlantic

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

Oliver Wendell Holmes made the analogy during a controversial Supreme Court case that was overturned more than 40 years ago.

Oliver Wendell Holmes made the analogy during a controversial Supreme Court case that was overturned more than 40 years ago.

crowded-theater.jpg

Everett Collection/Shutterstock

Ninety-three years ago, Justice Oliver Wendell Holmes wrote what is perhaps the most well-known -- yet misquoted and misused -- phrase in Supreme Court history: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

Without fail, whenever a free speech controversy hits, someone will cite this phrase as proof of limits on the First Amendment. And whatever that controversy may be, "the law"--as --can be interpreted to suggest that

You’re reading a preview, subscribe to read more.

More from The Atlantic

The Atlantic4 min read
Your Phone Has Nothing on AM Radio
This article was featured in the One Story to Read Today newsletter. Sign up for it here. There is little love lost between Senator Ted Cruz and Representative Rashida Tlaib. She has called him a “dumbass” for his opposition to the Paris Climate Agre
The Atlantic5 min read
The Strangest Job in the World
This is an edition of the Books Briefing, our editors’ weekly guide to the best in books. Sign up for it here. The role of first lady couldn’t be stranger. You attain the position almost by accident, simply by virtue of being married to the president
The Atlantic8 min readAmerican Government
The Most Consequential Recent First Lady
This article was featured in the One Story to Read Today newsletter. Sign up for it here. The most consequential first lady of modern times was Melania Trump. I know, I know. We are supposed to believe it was Hillary Clinton, with her unbaked cookies

Related Books & Audiobooks