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Matt Beat
Matt Beat

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When Can Speech Be Banned? | Schenck v. United States

I decided to finally cover this case when I saw a lot of bad takes and misinformation about the First Amendment on social media (I know, I know, I really ought to stay off there). This is one of the most important First Amendment Supreme Court cases in American history, and the one which gave us the trope "you can't yell fire in a crowded theater." 

Let me know what other landmark decisions you'd like me to cover for this series. There are (unbelievably) many that I still have yet to get to!

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When Can Speech Be Banned? | Schenck v. United States

Comments

Just got this. I agree. This is why the courts are so important. It has to be a case by case basis.

Mr. Beat

And if your speech potentially harms an individual or group you can’t expect to not be held legally liable in some cases e.g yelling fire in a movie theater and causing a panic where someone could be hurt, threatening an individual or group, otherwise there would be no order in society.

Naterade

You have freedom of speech, but then again some people can’t seem to understand that your speech has consequences .Sometimes good and sometimes bad. Some speech is pretty black and white, others might be more nuanced. Context, language, reasoning, etc all come into play with one’s speech. All speech is judged whether we like it or not.

Naterade


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