Today in Supreme Court History: January 9, 1919

1/9/1919: Schenck v. United States argued.

Comments

[justinn]

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[Cal Cetín]

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

Ollie Holmes, master of the pithy straw-man.

[Dan Schiavetta]

The “straw man” became real on Wednesday. Do you read this blog?

[Cal Cetín]

Someone published an anti-draft leaflet on Wednesday?

[Rev. Arthur L. Kirkland]

I don't know . . . but a Republican member of Congress (Miller of backwater Illinois) said on Tuesday that 'Hitler was right about one thing' (the importance of persuading a nation's youth to great applause at a rally of conservative women.

I'm starting to think Republicans and conservatives are going to go down without much of a fight.

[Dan Schiavetta]

You don't have the right to say "march on the Capitol! Fight!" when you're speaking to a large, well-armed mob. You are liable for the resulting stampede and any predictable injury.

[Cal Cetín]

Mr. Schenck published a leaflet against the military draft. He neither shouted "fire" in a crowded theater nor urged a mob to march on the Capitol.

I don't even know if Mr. Schenck was related to Donald Trump.

[Dr. Ed 2]

You need to remember that was back when movie film was made of explosive nitrocellulose (aka guncotton) and I'm told that it would even burn underwater.

Theaters were made of wood, with no sprinklers, and the firefighting equipment of the day was primitive at best. Horse-drawn steam powered pumpers -- you had to start a fire and build up steam before they would work.

Fire was much more of a concern then than now -- and a shouted warning was the only fire alarm in most cases. No fancy flashing strobe lights and klaxons.

[Cal Cetín]

Yes, free speech doesn't protect *that,* and if the case were about *that,* Holmes' remark would have had some relevance.

[Dr. Ed 2]

I believe his line was "shout 'fire' in a crowded theater" but I may be mistaken....

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