Is yelling HE HAS A GUN !!! at a crowded Dark Knight Rises Movie protected under the First Amendment ? : I say this as it relates to Jones's movie which was the cause of American deaths in Libya
The way I understand it...it is. For half a century (1919 - 1969) it wasn't because it created a "clear and present danger" to the people in the theater.
Since 1969, the Supreme court ruled that in order for speech NOT to be covered under the 1st amendment, it can’t just create a dangerous situation for others....it has to DIRECTLY encourage them to commit specific criminal actions of their own.
So to answer the other part of your question, yelling "HE HAS A GUN!" at a crowded theater does relate to this Muslim movie issue - neither one is directly telling anyone to commit a crime - neither one is illegal.
Just like yelling fire in a crowded room isn't legal, neither would that. It would be inciting panic...and probably a disorderly conduct charge would be added on.
So, different rules for different people? We live in a world where if you belong to one group less is expected of you?
And the actions of people in another part of the world are cause to prosecute people here under whats essentially the foreign mentality - casting the US Constitution aside?
Putting out an anti-Muslim/Mohammad propaganda flick is hardly the same as yelling fire in a crowded theater--UNLESS you're willing to concede that Muslims have no control over themselves. If you admit that, then everything we think we know about Islam needs re-examination.
And I would suggest that each of us get an excellent start on this by reading the Koran! There's nothing like going straight to the . . .uh. . . 'prophet' to get the true scoop on this once benign religion.
Yelling that equates to yelling FIRE!
NOT gonna be a good outcome - especially for the person yelling it!
Since 1969, the Supreme court ruled that in order for speech NOT to be covered under the 1st amendment, it can’t just create a dangerous situation for others....it has to DIRECTLY encourage them to commit specific criminal actions of their own.
So to answer the other part of your question, yelling "HE HAS A GUN!" at a crowded theater does relate to this Muslim movie issue - neither one is directly telling anyone to commit a crime - neither one is illegal.
Is that the argument you're making? That an immediate potential life threatening situation is the same as someone insulting someone you like on film?
And the actions of people in another part of the world are cause to prosecute people here under whats essentially the foreign mentality - casting the US Constitution aside?
And I would suggest that each of us get an excellent start on this by reading the Koran! There's nothing like going straight to the . . .uh. . . 'prophet' to get the true scoop on this once benign religion.