US Supreme Court sides with man who sent female musician barrage of unwanted messages (www.reuters.com)

submitted 1 year ago by socphoenix@midwest.social to c/news@beehaw.org

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[-] effingjoe@kbin.social 2 points 1 year ago* (last edited 1 year ago)

I don't how it will affect your overall stance, but the "Yelling fire in a crowded theater" (aka, "clear and present danger") test, which comes from Schenck v. United States, was overturned in 1979 with the case Brandenburg v. Ohio, which gave us the "Imminent Lawless Action" test, instead. This test requires:

intent to speak, and
imminence of lawlessness, and
likelihood of lawlessness

Yelling fire in a crowded theater is only illegal if it meets that test-- all three requirements-- on a case by case basis.

this post was submitted on 27 Jun 2023

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