Timeline for Does self defense apply if you bait the person?
Current License: CC BY-SA 4.0
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| Mar 1, 2021 at 12:43 | comment | added | hszmv | @ZeroPhase: Additionally, "Shouting Fire In a Crowded Theater" is legal if there is actually a fire or a good faith belief that there is a fire. It's only illegal if there isn't an actual threat that requires immediate action (i.e. Calling the fire department, panicing the theater goers, calling an evacuation of the building, disrupting the show, ect.). | |
| Mar 1, 2021 at 12:40 | comment | added | hszmv | @ZeroPhase: No, fighting word doctrine and "shouting fire in a crowded theater" (AKA True Threat) are still not protected under the First Amendment (though in the case Fighting words, the definition has been narrowed into near obsolescence depending on the legal scholar). The cases that overturned this decision overturned the standards needed to prove that which was said was unprotected (From "Clear and Present Danger" to "Imminent Lawless Action"). True Threats are actually very well defined... calling 911 for a prank is not protected speech, for example.+ | |
| Feb 27, 2021 at 11:34 | comment | added | ZeroPhase | I thought fighting words do not remove the first amendment defense, usually? I thought it was along the lines of yelling fire in a theater, which is legal, as the Supreme Court case making it illegal was overturned. In other words it's something that gets countered with more speech, or leaving the room in this case. | |
| Jan 26, 2021 at 15:36 | history | answered | hszmv | CC BY-SA 4.0 |