Hate crimes

Jim heartfield jim at heartfield.demon.co.uk
Sun Oct 17 09:46:36 PDT 1999


In message <199910171516.LAA09457 at fn3.freenet.tlh.fl.us>, Michael Hoover <hoov at freenet.tlh.fl.us> writes


>Holmes says that free speech doesn't protect person who
>*falsely* yells fire in crowded theatre. There are, of course,
>times when it is legitimate to do so - when there is a fire.
>Well, WW1 was a fire and Schenk was yelling to let people know.

The 'fire in a crowded cinema' is a terrible metaphor. See how it works: In a cinema you are all in the dark and unable to find your way around. If there is a fire you will be in immediate danger, and prone to panic. It is a circumstance that makes all rational reflection impossible. In such a state, we do not have time to judge whether we are doing the right thing or not. In a burning, crowded cinema, we would all behave like idiots no doubt. And if we are all idiots, then it would be better if we were not entrusted to make decisions for ourselves, or to be exposed to too wide a range of information.

But we are not in a crowded cinema that might be on fire (except when we are). It is not a good metaphor for society. We are not idiots prone to panic reaction.

-- Jim heartfield



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