So the question of whether the 'Public interests exception' should apply for a website where any reasonable user knows the content is dodgy on its best day.
So the question of whether the 'Public interests exception' should apply for a website where any reasonable user knows the content is dodgy on its best day.
This is a recurring favorite bad legal take for @BadLegalTakes: https://twitter.com/BadLegalTakes
This ruling was not upheld. Please stop using this example, HN.
We've come around, though, as Holmes' line of reasoning is very common today.
Some details in https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_the...
Shouting "fire" in a crowded theater is protected by the 1A as long as it passes the Brandenburg Test of "imminent lawless action".
https://www.theatlantic.com/national/archive/2012/11/its-tim...
Brandenburg v Ohio established the current standard for free speech, and it's extremely permissive.