< 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.
>
I saw Stoppard's play _Rosencranz and Guilderstern are Dead_ years ago in the old Geary in San Francisco. The play was fairly new then, whenever that was.
One of them yelled "Fire!" in a particularly loud voice. I think it was ad lib.
The other asked "What did you do that for? There is no fire."
The first said "I wanted to see if I could yell 'Fire' in a crowded theater."
He could and he did, and it bought the house down.