News & Politics
The Law Ep 38 -- Schenck v United States (1919) (overturned in Brandenburg v Ohio (1969))
Show Notes: Schenck is the case responsible for the unfortunate “You can’t yell ‘fire’ in a crowded theatre’ quotation. The phrase was never binding law and the entire case was subsequently overruled. The quote “is worse than useless.” Do not use that quote. We discuss where it came from.
The case itself:
Schenck v United States
“It’s time to Stop Using the ‘Fire in a Crowded Theater’ Quote” by Trevor Timm, The Atlantic, Nov. 2, 2012.
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