Re: Hmmm
> As Ken White puts it, "Holmes' [fire-in-a-theater] quote is the most famous and pervasive lazy cheat in American dialogue about free speech". Just stop using this bogus example, please.
I read your link(s), and it seems to equate this Holmes guy who maybe made up this phrase as an argument to prosecute journalists publishing any anti-war sentiment.
It should be obvious, but obviously needs to be said: just because a guy made a good point once, but then later tried to use it as a slippery-slope argument to arrest dissidents (which, btw, "free speech" encourages dissidents, that's kinda the point), doesn't make the original argument invalid.
Even somewhere in your second link, it quotes, "... nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The letter of the law says it right there, but to summarize the whole 'theory' of Free Speech: "you're allowed to say whatever you want, UNLESS it [unlawfully] denies others their rights to LIFE, liberty, or property."
To put it simply, if you shout "fire" in a theater just because you think it's funny, and 2 children get trampled to death because of it, that's the exact limit of it. You will get charged criminally for inciting a panic, especially if there are deaths.
If you rally all your supporters to travel out-of-state to Washington D.C., then give a speech crying for them to march on the capitol and overtake it. You [should] get charged criminally for inciting a panic, especially if there are deaths.
Your man Holmes tried to equate a direct call for panic, like yelling fire in a theater, to people publishing a newspaper which might contain words they don't like. The line is very strict, even your examples seem to be ignorant of it.