Read_715 – Clear and Present Danger [Joel Bowman]

“Thus was the dubious “clear and present danger” standard born. Holmes himself sought to redefine the standard later that same year when he dissented in Abrams v. United States (1919). The Justice felt that the court was not applying his own standard appropriately and openly questioned the government’s ability to limit free speech. But by then, the slippery standard was off and racing. It would fly for another half century…” – Joel Bowman

Ever wondered where the oft used, infuriating excuse for outright censorship, “well you can’t yell fire in a crowded theater,” came from? Where its origins lie? Would it surprise you that it had nothing to do with a theater, it had nothing to do with people being harmed over a lie, but ironically, it was used to censor speech criticizing the government and attempting to *protect* people from clear and deliberate harm? Me neither, but it’s a very interesting historical episode either way. Listen to find out more.

Check out the original article and their substack at the link below:

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