Hacker News new | past | comments | ask | show | jobs | submit login

> What about: yelling "fire" in a crowded room

Yep, that’s pretty dangerous, and people could get hurt. That shouldn’t be protected by the First Amendment.

Oh yeah, and protesting the draft. That’s pretty dangerous too. Government military recruitment is a necessity when we’re at war, and advocating against it is tantamount to sedition and espionage. It’s basically the same situation as shouting “fire” in a crowded room, and should not be protected by the First Amendment.

Now, I don’t actually believe this—I’m merely sharing how the US Supreme Court used exactly the same analogy you did, in 1919. Schenck v. United States is the most important use of the “‘fire’ in a crowded theater” analogy in history, because it shows how, in practice, such common‐sense ideas actually get used by the powerful.




>Government military recruitment is a necessity when we’re at war Only if you're male, apparently.


Do you think yelling fire in a crowded room should be legal?




Consider applying for YC's Fall 2025 batch! Applications are open till Aug 4

Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: