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Re: FIRE! FIRE! FIRE! -- Felons say Supreme Court's ruling means

Von: SaPeIsMa (sapeisma@hotmail.com) [Profil]
Datum: 21.08.2008 04:21
Message-ID: <QbmdnXMxUOcYTDHVnZ2dnUVZ_gWdnZ2d@posted.cpinternet>
Newsgroup: talk.politics.misc talk.politics.guns misc.legal alt.rush-limbaugh alt.politics.economics alt.fan.rush-limbaugh
"RD (The Sandman)" <rdsandman(spamlock)@comcast.net> wrote in message
news:Xns9AEB787FEE382Sandman@216.196.97.136...
> "SaPeIsMa" <SaPeIsMa@Hotmail.com> wrote in
> news:Y5adnbGFmrOlmw3VnZ2dnUVZ_ozinZ2d@posted.cpinternet:
>
>>
>> "Bill Bonde { ''Mr Gore, tear down this wall'')"
>> <tributyltinpaint@yahoo.co.uk> wrote in message
>> news:488FF717.E2D81FA9@yahoo.co.uk...
>
>>> You have no freedom of speech protection yelling "Fire" to cause
>>> panic. That's the case law I provided you and you ignored. This is
>>> not a federal matter, if it isn't protected speech, so if one were
>>> to find the applicable law, one would have to do it in every
>>> jurisdiction.
>>>
>>
>> Once again show us that law that SPECIFICALLY bans ""Fire" to
cause
>> panic." There is NO SUCH SPECIFIC law for a reason
>> 1)    Because you don't know ahead of time if you will succeed
>> 2)    How do you distinguish it from the actor yelling "fire" in the
>> play
>>     etc.
>> It's ONLY AFTER the fact that you can declare that the intent was to
>> cause panic by studying the context and the result of yelling "FIRE".
>
> Correct.
>

The part that you miss is that because there may be consequence (civil tort)
to the act of yelling "FIRE" does not make it illegal for all that.
For example if you stand up and yell "FIRE" with the intent to cause a
panic, AND YOU FAIL TO CAUSE the panic !
What then ?
Similarly, what if having an actor run up the aisle yelling "FIRE !" is part
of the play ?
Is that also illegal ?
And what if that part of the act actually causes a panic ?
Did Orson Welles and his radio boradcast of "War of the World" cause a
panic ?
Did he do something illegal with his equivalent of yelling "FIRE !" ?

Just because there may be consequence to an action does NOT automatically
make it "illegal"
And the term "Illegal" has a specific meaning
To wit, that something is NOT ALLOWED or specifically banned by law (wether
case or statute)
And unless you can specifcally cite a statute OR case law that clearly
declares that shouting "FIRE !" in a theater is against the law, you are
blowing chunks.





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