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KingCharlemagne

(7,908 posts)

84. Sigh. Brandenburg v. Ohio (1969) overturned Schenck (1917), but in no way did it clear the way

Sat Dec 20, 2014, 10:22 PM

Dec 2014

for people to cry falsely 'Fire' inside a crowded theater.

Quoting from the latter of your two links (emphasis added):

Finally, Douglas dealt with the classic example of a man "falsely shouting fire in a theater and causing a panic". In order to explain why someone could be legitimately prosecuted for this, Douglas called it an example in which "speech is brigaded with action". In the view of Douglas and Black, this was probably the only sort of case in which a person could be prosecuted for speech.

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Highlight:

City Councilman: 2 Police Officers Shot Dead In Brooklyn [View all] KinMd Dec 2014 OP

ABC has the officers shot while in their vehicle both critical... Historic NY Dec 2014 #1

Sad. Drunken Irishman Dec 2014 #2

When the police become the enemy of "the people" Horse with no Name Dec 2014 #3

Are you saying this is ok? GGJohn Dec 2014 #5

Had to look at my post again...no, I don't think I said that Horse with no Name Dec 2014 #9

No, it sounds like the shooter was looking to shoot any cops, GGJohn Dec 2014 #13

You do realize RoccoR5955 Dec 2014 #16

He has the right to say whatever he wants in the land of Free Speech. NutmegYankee Dec 2014 #42

Post removed Post removed Dec 2014 #45

Oh, so I guess it's okay RoccoR5955 Dec 2014 #71

Was his speculation putting anyone in immediate danger to life/limb? NutmegYankee Dec 2014 #77

It most certainly is still illegal to falsely call 'Fire' in a crowded theater. If you KingCharlemagne Dec 2014 #78

Nope. That is not the current legal standard. NutmegYankee Dec 2014 #79

Sigh. Brandenburg v. Ohio (1969) overturned Schenck (1917), but in no way did it clear the way KingCharlemagne Dec 2014 #84

It did away with the clear and present danger qualification. NutmegYankee Dec 2014 #87

IANAL and have no desire to 'play this game,' since I am out of my depth. I will note, however, KingCharlemagne Dec 2014 #88

Police can charge you with just about anything. NutmegYankee Dec 2014 #89

Police get a conviction on anything most of the time RoccoR5955 Dec 2014 #94

Oh I believe you. NutmegYankee Dec 2014 #95

Your posts in this thread are knowledgable and apt, Nutmeg. Psephos Dec 2014 #109

And my comment comes nowhere close to that analogy. GGJohn Dec 2014 #80

Yes, it is ok to yell fire in a crowded theater GGJohn Dec 2014 #81

You do know that I said "it sounds like"? GGJohn Dec 2014 #73

Very sad Horse with no Name Dec 2014 #18

actually the cops were in the right place at the right time Skittles Dec 2014 #97

Touche'. GGJohn Dec 2014 #98

HEY! Skittles Dec 2014 #102

I didn't read it that way at all lame54 Dec 2014 #27

No, he's not saying that at all Scootaloo Dec 2014 #32

This message was self-deleted by its author Skittles Dec 2014 #62

I didn't read that PatrynXX Dec 2014 #44

I think it is best to avoid, absent clear evidence, characterizing this particular shooter . . . markpkessinger Dec 2014 #25

Alleged (but not verified) tweet from the perp: kelly1mm Dec 2014 #4

Do you know the source for that? muriel_volestrangler Dec 2014 #6

Nope, I do not have a source. There is a bunch of confusion and this MAY (hopefully) kelly1mm Dec 2014 #8

The instagram account is easy to find PersonNumber503602 Dec 2014 #10

It was there, now gone. Nm 4139 Dec 2014 #14

next is the Nostradamus quote lame54 Dec 2014 #28

there is also this: (unverified) Raine1967 Dec 2014 #11

The instagram account is gone now. PersonNumber503602 Dec 2014 #12

Message auto-removed Name removed Dec 2014 #58

So sad Omaha Steve Dec 2014 #7

There's some conflicting reports on whether or both officers are dead KinMd Dec 2014 #15

Reports now saying one officer died, the other critically wounded inanna Dec 2014 #22

It's been updated to 2 dead. NutmegYankee Dec 2014 #29

How awful! ColesCountyDem Dec 2014 #17

Oh God. We do not need violence. NutmegYankee Dec 2014 #19

+1 reddread Dec 2014 #37

And so it begins... RoccoR5955 Dec 2014 #20

The NYC PD have been operating out of control avebury Dec 2014 #24

What an INCORRECT, irrelevant, and irreverent thing to say at this time! George II Dec 2014 #30

"Irreverent"? Scootaloo Dec 2014 #33

+1 GliderGuider Dec 2014 #38

We should show these two officers a little respect at this time. George II Dec 2014 #40

Unless the police were actually guilty, Igel Dec 2014 #110

I'm not defending or excusing a damned thing Scootaloo Dec 2014 #111

Are you familiar with all the crap that has gone avebury Dec 2014 #43

YES, I am familiar with "all the crap" that people are SAYING is going on... George II Dec 2014 #47

You're looking for something to be outraged over. Scootaloo Dec 2014 #61

Well your blaming everyone at the NYPD these guys were out their protecting... Historic NY Dec 2014 #56

I am pointing out the unintended consequences when you avebury Dec 2014 #60

My thoughts exactly. PFunk Dec 2014 #39

The violence needs to be toned down, but I do not agree with your rationale. branford Dec 2014 #52

Maybe in Manhattan, where cops protect the rich and famous adigal Dec 2014 #101

There a reason why Mayor DiBlasio hired Rudy Giuliani's police commissioner, branford Dec 2014 #103

Perhaps outrage will follow this senseless shooting seveneyes Dec 2014 #21

Someone said this was going to start happening... ReRe Dec 2014 #23

Looks like both were christx30 Dec 2014 #26

NY1 is reporting the shooter murdered a woman in Baltimore before going to Brooklyn KinMd Dec 2014 #31

One story said it was his girlfriend he'd killed starroute Dec 2014 #34

She was shot, but she will recover (according to the reports) George II Dec 2014 #48

In this link it says 1 dead the other critical LiberalElite Dec 2014 #35

The time stamp is nearly 2 hours old. NutmegYankee Dec 2014 #36

Oh ok sorry - I tried to check nt LiberalElite Dec 2014 #46

Post removed Post removed Dec 2014 #41

So I guess you're condoning what happened this afternoon? George II Dec 2014 #49

I do not comdone any violence npk Dec 2014 #51

So you KNOW that these two officers "stood behind corrupt officers.....etc."? George II Dec 2014 #54

don't you understand, George II? Skittles Dec 2014 #63

and pretty much nobody stands up to it here TorchTheWitch Dec 2014 #72

they sound as ridiculous as racists Skittles Dec 2014 #75

Some types of bigotry, bias and generalizations are acceptable to far too many here on DU. branford Dec 2014 #76

sometimes even worse TorchTheWitch Dec 2014 #86

+1 nt steve2470 Dec 2014 #91

Post removed Post removed Dec 2014 #55

What utter nonsense you spew.... giftedgirl77 Dec 2014 #59

Message auto-removed Name removed Dec 2014 #112

Some of the responses in this thread leave a lot to be desired. hrmjustin Dec 2014 #50

+1 nt steve2470 Dec 2014 #57

My thought go out to the families of the victims. bravenak Dec 2014 #53

I don't want to sound ghoulish, branford Dec 2014 #64

The suspect wasn't a local. Spitfire of ATJ Dec 2014 #65

Here's my 2 cents as an NYC resident - LiberalElite Dec 2014 #66

MICHAEL "Maybe so -- but it occurred to me. The soldiers are paid to fight -- the rebels aren't." jtuck004 Dec 2014 #67

Jesus.... kjones Dec 2014 #68

Wenjian Liu and Rafael Ramos..nt Jesus Malverde Dec 2014 #69

May they rest in peace Catherine Vincent Dec 2014 #70

Rest in peace. 840high Dec 2014 #100

It could have been my nephew! hrmjustin Dec 2014 #74

Glad he's ok hrmjustin, GGJohn Dec 2014 #82

He texted me a few hours ago to say that he was ok but he is taking it hard. hrmjustin Dec 2014 #83

Yes. For those of us who have cops in the family...these are terrible times. Beausoir Dec 2014 #96

glad your nephew is ok, hrmjustin! nt steve2470 Dec 2014 #99

The Officers are Missed. leanforward Dec 2014 #85

Message auto-removed Name removed Dec 2014 #90

I'm having trouble feeling sympathy for the cops. Odin2005 Dec 2014 #92

I'm certainly not. GGJohn Dec 2014 #93

and that says everything about you as a human being still_one Dec 2014 #104

Well, I have sympathy for anyone murdered. montana_hazeleyes Dec 2014 #105

You are a vile human being in my onpinion if your are having trouble feeling kelly1mm Dec 2014 #106

Seriously? (nt) Recursion Dec 2014 #107

stereotype much? Skittles Dec 2014 #108