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UNCOVERED: Schenck - The Untold Story

Today in Supreme Court History: December 28, 1856

12/28/1856: President Woodrow Wilson's birthday. His administration would initiate the prosecutions under the Sedition Act that gave rise to Schenck… The post Today in Supreme Court History: December 28, 1856 appeared first on Reason.com.

Today in Supreme Court History: December 28, 1856

12/28/1856: President Woodrow Wilson's birthday. His administration would initiate the prosecutions under the Sedition Act that gave rise to Schenck… The post Today in Supreme Court History: December 28, 1856 appeared first on Reason.com.

Part XI: Freedom of Speech

An Introduction To Constitutional Law Video Library: Schenck v. United States (1919), Debs v. United States (1919), Gitlow v. People of the State of New York (1925), Abrams v. United States (1919), Stromberg v. California (1931), United States v. O’Brien (1968), Texas v. Johnson (1989), R.A.V. v. City of St.…

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Journal of Free Speech Law: "'Falsely Shouting Fire,'" by Profs. Genevieve Lakier & Evelyn Douek

The article is here; the Introduction: Over one hundred years ago, in Schenck v. United States, Justice Oliver Wendell Holmes created a meme. Holmes wanted to illustrate why freedom of speech was not—and could never be—absolute. "The most stringent protection of free speech," Holmes wrote, "would not protect a man…

He Was Arrested for Making a Joke on Facebook. A Jury Just Awarded Him $205,000 in Damages.

The verdict vindicates the constitutional rights that Louisiana sheriff's deputies flagrantly violated when they hauled Waylon Bailey off to jail.

Today in Supreme Court History: December 28, 1856

12/28/1856: President Woodrow Wilson's birthday. His administration would initiate the prosecutions under the Sedition Act that gave rise to Schenck v. U.S., Debs v. U.S., and Abrams v. U.S.

How To Yell 'Fire' in a Crowded Theater

Aside from narrowly defined exceptions, false speech is protected by the First Amendment.

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Time to extinguish the claim that you can’t yell ‘fire in a crowded theater’

Time to extinguish the claim that you can’t yell ‘fire in a crowded theater’

A court decision against a Louisiana man who made a COVID joke illustrates the continuing influence of a misbegotten, century-old analogy that is frequently used as an excuse to punish or censor constitutionally protected speech.

Chicago Sun-Times

A Ruling Against a Man Arrested for a COVID-19 Joke Highlights the Influence of a Pernicious Analogy

A federal judge compared Waylon Bailey’s Facebook jest to "falsely shouting fire in a theatre."

Joke "We Need You Brad Pitt" Post at Start of COVID Pandemic Protected by First Amendment

The post led to the author being arrested for "terrorizing"; so clearly unconstitutional that the police officer lacks qualified immunity, says the Fifth Circuit.

Today in Supreme Court History: December 28, 1856

12/28/1856: President Woodrow Wilson's birthday. His administration would initiate the prosecutions under the Sedition Act that gave rise to Schenck v. U.S., Debs v. U.S., and Abrams v. U.S.

When Are Lies Constitutionally Protected?: Punishable Lies

I'm working on a draft article with this title, and I thought I'd serialize it here, since I still have plenty of time to improve it; I'd love to hear your thoughts on it! (You can also read the whole article here; all the posts about it will go into…

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