Quote:
Originally Posted by erps
By the way, there is a common saying regarding free speech that says you can't yell fire in a crowded theater. I wonder if panic is required to punish the speaker, or just the attempt to panic the crowd. I don't know.
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See my post just above your's, Ray as I posted simultaneously with you.
The common saying that you refer to is the one denigrated by Steyn and was originally made by Justice Oliver Wendall Holmes. It is wildly misinterpreted to diverse purposes.
You certainly can yell, "fire" in a crowded movie theater. One would wonder why you would not when there was a fire. The original context of the quote involved theaters lit by open flame, by the way, where fire was a very real possibility and the results likely to be conflagration. Context is indeed everything. I believe that the standard used in such cases is the "reasonable person" standard.
So, if you yelled, "fire!" in a crowded movie theater today would the reasonable person trample another to death in order to reach the exit? I would submit that the law today would treat the person guilty of trampling far more seriously than it would the fire crier, regardless of the validity of whether fire existed or not.
None of which has a tuppenny damn to do with what we're really discussing. The question in the UK, Canada, and elsewhere is whether just the knowledge that Geert Wilders video is being played to Parliament members is sufficient to justify rioting in the streets by Muslims. Note the difference in response that Steyn highlights of the Brit response to Salman Rushdie many years ago.
In this country we survive while allowing many inflammatory things to be said by the likes of Louis Farrakhan and others. We find it hard to turn on the radio and not hear rap music advocating the killing of police officers. We grimace and move on. We rely on an educated population to sort out what speech is worthy of emulating and acting upon versus what might be regarded as just over the top hyperbole or madness. In case after case we end up referring to the intent of the speaker and, even then, when the intent might reasonably construed as inflammatory, we often absolve the speaker based upon the standard that no reasonable person would follow such directives. (Ex: I state in a public place that I advocate the extermination of all Chicago Bear fans.)
Your example of "fighting words" is one in which the response is justified by the concept that no reasonable man would not be incited to violence upon hearing them.