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.
by Trevor Timm
Nov 02, 2012
4 minutes
Oliver Wendell Holmes made the analogy during a controversial Supreme Court case that was overturned more than 40 years ago.
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
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