We're sunsetting PodQuest on 2025-07-28. Thank you for your support!
Export Podcast Subscriptions
cover of episode Fire in a Crowded Theater

Fire in a Crowded Theater

2018/6/28
logo of podcast Make No Law: The First Amendment Podcast

Make No Law: The First Amendment Podcast

Shownotes Transcript

“You can’t yell ‘fire’ in a crowded theater” is one of the most commonly used First Amendment catchphrases -- but does it really support exceptions to free speech? The answer to this question can be found in the writings of Supreme Court Justice Oliver Wendell Holmes. He penned the phrase in 1919, not to justify moderate limits on speech, but to justify government prosecution of those speaking out against the draft.

Learn more about your ad choices. Visit megaphone.fm/adchoices)