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Tag Archives: Oliver Wendell Holmes Jr.

Yelling, “Theatre!” at a Crowded Fire

Posted on 16 December, 2022 by wjjhoge
Reply

At a crowded dumpster fire to be more specific, and by “dumpster fire” I mean the leftwing precincts of Twitter.

One of my pet First Amendment peeves is the misuse of a misquotation from line by Oliver Wendell Holmes, Jr., found in the now overturned Schenck v. U.S. Supreme Court decision—

The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic …

Emphassis added. Schenck upheld the Democrats use of the Sedition Act of 1918 to suppress speech opposing the Wilson Administration’s use of the draft in WW1. The First Amendment holding in Schenck was overturned in 1969 in Brandenburg v. Ohio. The Supreme Court held in that case

[T]the constitutional guarantees of free speech and free press do not permit a State to forbid or proscribe advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action  and is likely to incite or produce such action.

The Brandenburg test is the current Supreme Court jurisprudence on the ability of government to punish speech after it occurs.

Yelling, “Fire!” (whether or not there really is a fire) isn’t illegal per se. Of course, it may be immoral if yelling it causes a panic, and if someone were injured or killed as a result of such a false warning, the yeller could be held civilly and criminally liable for his action.

But back to Twitter.

I find the dramatic whinging over the dumpster fire resulting from the self-inflicted ToS suspensions of leftwing journalists to be really boring theatre.

Posted in Free Press, Free Speech, Main Stream Media, Main Stream Social Media | Tagged Fire in a Crowded Theatre, Oliver Wendell Holmes Jr., ToS Suspensions, Twitter | Leave a reply

Quote of the Day

Posted on 23 February, 2021 by wjjhoge
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The character of every act depends upon the circumstances in which it is done.

—Oliver Wendell Holmes, Jr.

Posted in Manners | Tagged Oliver Wendell Holmes Jr. | Leave a reply

Quote of the Day

Posted on 23 September, 2018 by wjjhoge
1

Whatever disagreement there may be as to the scope of the phrase “due process of law” there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard.

—Oliver Wendell Holmes, Jr.

Posted in Government | Tagged Oliver Wendell Holmes Jr. | 1 Reply

Quote of the Day

Posted on 29 May, 2017 by wjjhoge
1

State interference is an evil, where it cannot be shown to be a good.

—Oliver Wendell Holmes, Jr.

Posted in Government, Politics | Tagged Oliver Wendell Holmes Jr. | 1 Reply

Quote of the Day

Posted on 23 September, 2016 by wjjhoge
3

Life is painting a picture, not doing a sum.

—Oliver Wendell Holmes, Jr.

Posted in Philosophy | Tagged Oliver Wendell Holmes Jr. | 3 Replies

Quote of the Day

Posted on 12 April, 2016 by wjjhoge
Reply

There is in all men a demand for the superlative, so much so that the poor devil who has no other way of reaching it attains it by getting drunk.

—Oliver Wendell Holmes, Jr.

Posted in Manners | Tagged Oliver Wendell Holmes Jr. | Leave a reply

Quote of the Day

Posted on 4 June, 2015 by wjjhoge
2

Even a dog distinguishes between being stumbled over and being kicked.

—Oliver Wendell Holmes, Jr.

Posted in Manners | Tagged Oliver Wendell Holmes Jr. | 2 Replies

Quote of the Day

Posted on 7 February, 2015 by wjjhoge
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Detached reflection cannot be demanded in the presence of an uplifted knife.

—Oliver Wendell Holmes Jr.

Posted in Manners | Tagged Oliver Wendell Holmes Jr. | Leave a reply

Quote of the Day

Posted on 7 July, 2014 by wjjhoge
2

The character of every act depends upon the circumstances in which it is done.

—Oliver Wendell Holmes, Jr.

Posted in Manners, Philosophy | Tagged Oliver Wendell Holmes Jr. | 2 Replies

Quote of the Day

Posted on 16 April, 2012 by wjjhoge
Reply

Free competition is worth more to society than it costs.

—Oliver Wendell Holmes, Jr.

Posted in Economics, Politics | Tagged Oliver Wendell Holmes Jr. | Leave a reply
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