The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions. Its origin from Schenck v. United States (1919) was overturned by Brandenburg v. Ohio (1969), which set a much higher standard for restricting speech. Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.
Scream “Fire” at a theater. Obviously you cannot.
The phrase “shouting fire in a crowded theater” is outdated and legally irrelevant to modern free speech discussions. Its origin from Schenck v. United States (1919) was overturned by Brandenburg v. Ohio (1969), which set a much higher standard for restricting speech. Modern First Amendment doctrine protects almost all speech unless it directly incites imminent violence or crime.