Free Speech Limits

The cluster discusses exceptions to free speech in the US, centering on the 'shouting fire in a crowded theater' analogy, Schenck v. United States, and incitement to imminent lawless action or violence.

📉 Falling 0.4x Legal
5,405
Comments
19
Years Active
5
Top Authors
#2691
Topic ID

Activity Over Time

2008
2
2009
24
2010
52
2011
60
2012
109
2013
160
2014
127
2015
216
2016
229
2017
491
2018
344
2019
447
2020
595
2021
718
2022
717
2023
424
2024
238
2025
438
2026
14

Keywords

e.g US IMHO justia.com OK PS i.e IANAL USA YES speech free speech crowded theater shouting free violence freedom speech freedom theatre

Sample Comments

mmastrac Dec 17, 2016 View on HN

Yes. This is akin to shouting fire in a crowded theatre [1] or phoning in a bomb threat. In the United States, freedom of speech is limited in certain cases where the harm caused by the speech outweighs the damage of limiting freedom.[1] https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...

unethical_ban Oct 24, 2019 View on HN

Literally from the link I posted, a federal government website:Freedom of speech does not include the right: To incite actions that would harm others (e.g., “[S]hout[ing] ‘fire’ in a crowded theater.”). Schenck v. United States, 249 U.S. 47 (1919). So at least your last sentence is rubbage.

jonathanyc Jan 12, 2021 View on HN

Restricting speech that calls for the lynching of the Vice President is “destroying free speech” in the same way that restricting the ownership of nukes is “destroying the right to bear arms”. Prohibiting people from yelling fire in a crowded theater is not “destroying free speech.”I’d advise you to read about:- the paradox of tolerance https://en.wikipedia.org/wiki/Paradox_o

thaumasiotes Feb 24, 2021 View on HN

Why was this downvoted? garg is quite plainly correct:> The example usually given by those who would punish speech is the case of one who falsely shouts fire in a crowded theatre.> This is, however, a classic case where speech is brigaded with action. [...] They are indeed inseparable and a prosecution can be launched for the overt acts actually caused.> Apart from rare instances of that kind, speech is, I think, immune from prosecution.This couldn't be more explicit in

philipkglass Jun 7, 2021 View on HN

Inciting "imminent lawless action" through speech is illegal in the United States:https://en.wikipedia.org/wiki/Imminent_lawless_action

mreiland May 15, 2015 View on HN

idealistically, yes. practically, there has to be a limit on speech. Shouting fire in a crowded theater is the canonical example of this.

saagarjha May 31, 2019 View on HN

There are exceptions to freedom of speech: https://en.wikipedia.org/wiki/United_States_free_speech_exce... some of the things on your list are on this and hence do not fall under free speech. Also, note that I don't necessarily agree with all of these exceptions (for example, my personal opinions to your questions tends to lean towards "yes, in many c

asdf333 Jan 9, 2021 View on HN

also keep in mind that i’m the united states, free speech is restricted.you can’t shout fire in a crowded theatre and you also can’t use hate speech which can incite riots or cause violence.i think people forget this too.

vidarh Sep 13, 2018 View on HN

You don't have the right to say anything you want in the US either. Free speech is full of exceptions in US law as well, starting with the most obvious example of "shouting fire in a crowded theater" [1] (though the original decision the phrase refers to had nothing to do with someone shouting "fire"...) In other words: speech that would be likely to incite imminent lawless action.[1] <a href="https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowde

FergusArgyll Aug 11, 2024 View on HN

------------- Begin Nitpick ---------------The 'Fire' example is overused. The speech alone can directly cause physical harm. Racist, xenophobic and other distasteful speech does not. Free speech, in the USA means you have a right to distasteful speech, actively harming someone with speech is just as bad as harming them with a stick, therefore it can be prohibited.----------- End Nitpick --------------