“Holmes said it doesn’t mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?”First of all, let me be snaky. You can shout fire in a crowded theater. Some of the people will look at you funny, others will shush you, and the nice user will likely escort you out. Unless you are at a European soccer game were the First Amendment does not apply anyway, a stampede is not going to happen. The likelihood you will get in any sort of legal trouble is minimal, too. So much for being a Constitutional rights crusader.
Second and more importantly, Breyer’s rationale is the Koran cannot be burned because Muslims are prone to violence at even the hint of blasphemy. Holmes thought shouting, “Fire!” in a crowded theater might lead to people being trampled and Breyer fears burning the Koran will get infidel heads cut off.
One cannot equate the two. In spite of my skepticism regarding the dangers o shouting false warnings in a crowded theater, the rationale for not protecting said speech is unpredictable human nature when frightened. Breyer rationalizes we should extend Holmes‘ rationale to cover murderous responses.
Consider it the Squeaky Wheel Gets the Grease Legal Theory. Let us extend it further, shall we? If enough people threaten to shoot flag burners, maybe that will be banned as a form of protest, too. Breyer ha opened a candy store for Christians. Threaten to go on a mass rampage and prayer in schools, “under God” in the pledge of allegiance, ad the Ten Commandments I every courthouse will be mandatory.
I hope you can see the idiocy of basing your freedom to not be offended on how willing you are to kill over the offense. Rule by violence, not law? Not just no, but h*ll no!
