The idea of falsely shouting “fire” in a crowded theater arose from the Supreme Court’s 1919 decision in the case Schenck v. United States. The Court ruled unanimously that the First Amendment, though it protects freedom of expression, does not protect dangerous speech. In the decision, Oliver Wendell Holmes wrote that no free speech safeguard would cover someone “falsely shouting fire in a theater and causing a panic.”
The idea of falsely shouting “fire” in a crowded theater arose from the Supreme Court’s 1919 decision in the case Schenck v. United States. The Court ruled unanimously that the First Amendment, though it protects freedom of expression, does not protect dangerous speech. In the decision, Oliver Wendell Holmes wrote that no free speech safeguard would cover someone “falsely shouting fire in a theater and causing a panic.”
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