Why does Oliver Wendell Holmes claim that the right of freedom of speech does not protect someone shouting fire in a theater?

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2026-08-08 17:35

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Oliver WenDELL Holmes argues that the right to freedom of speech does not protect individuals who shout "fire" in a crowded theater because such actions can create a clear and immediate danger. This example illustrates that free speech has limits when it poses a threat to public safety or incites panic. Holmes emphasizes that the context and potential consequences of speech must be considered, prioritizing the well-being of the community over absolute freedom. Thus, the right to free expression is not unconditional when it leads to harmful outcomes.

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