Part 8/12:
and emphasized the concept of "clear and present danger"—a standard that authorized restriction of speech if it posed a threat to substantive evil that Congress could legitimately prevent.
Holmes's reasoning explicitly allowed the government to restrict speech during wartime, claiming that emergencies justify the suspension of constitutional protections.
The Fire in the Theater Analogy and Its Flaws
Holmes’s analogy—shouting "fire" in a theater—presumes falseness as the core criterion for restricting speech. The critical flaw is that there are circumstances where shouting "fire" is truthful and urgent. If there is indeed a fire, warning others is not only protected but morally imperative.