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And: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic".
The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.
As Justice Oliver Wendell Holmes wrote, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic".
To emphasize this point, Holmes came up with the most famous and vivid metaphor in First Amendment history: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing panic". The metaphor was totally out of place in a case like Schenck's, involving reasoned written criticism of government policy.
Borrowing (without attribution) an analogy used by the prosecutor in his closing argument, Holmes invoked the following argument-stopper: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater and causing a panic".
He stated the concept of "clear and present danger" as the only basis for curtailing the right of freedom of speech, illustrating it with the homely example: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic".
Similar(31)
Neither, however, will receive the stringent protections of prisoners of war.
Mr. Miller said he had sought more stringent protections for the rock art than the government eventually required.
But the demand for more stringent protections poses additional challenges to Enbridge's plans of building the pipeline.
He criticizes the Supreme Court for extending its most stringent protections in libel suits not only to government officials but also to movie stars and other temporary celebrities.
Wolves were extirpated from most of Western Europe more than a century ago, but, owing to stringent protections put in place over the past few decades, they have recently been making a comeback in countries like Germany and France.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com