The court, if memory serves me correctly, rules the act of doing so was illegal rather than the result, which was a very poor ruling as it confused freedom of action or choice and/or freedom of speech with rights. It is a confusion which persists to this day as a result. If we viewed it with a more correct lense, you have the freedom to choose to say such a thing, it isn't outside the bounds of free speech to do so. However you do not have the right to transgress on the rights of others, specifically in this situation thier private property rights, this being ownership of thier physical selves.Mack wrote:I don't think it's illegal yell "FIRE" in a theater if there is actually a fire. It's not the act that is illegal it's the consequences of that act. At least in my opinion. Others may have a different opinion.Jaguar wrote:We cannot yell "FIRE" in a theater, but that doesn't mean we tape everyone's mouth shut before they go in a theater (although I wouldn't mind if they did at times.)
How are you doing so by shouting fire? Via the ensuing panic and the possibility of injury or death to them if the crowd stampedes due to that panic.
Had the court ruled correctly they should have said you have the freedom to say it but you don't have the right via freedom of speech to endanger others in such fashion. Hence if you shout fire, any injury, death, or damage that are caused by your choice, you are legally liable for.