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It only matters if you are putting someone in clear and present danger.
You should read the ruling your example is based on. It required some real reaches and violation of the first amendment.
Synapse: People were arrested for handing out flyers protesting the draft during ww1 and the arrests were allowed to stand because the flyers were a clear and present danger to the draft. The ruling then likens handing out fliers to yelling fire in a crowded theater.
Give me an example of prior government restraint regarding The First Amendment. Which specific words or statements are summarily prohibited under penalty of criminal law?
If someone thinks that the 2nd amendment only applies to the technologies available at the time of the ratification, then by the same token the 1st amendment only applies to word of mouth, 18th century printing presses, and quill pens.
Yell fire in a crowed theatre or sporting event, then get back to us, if you can.
Are you arguing that there is a law somewhere in The US that prohibits the use of the word "fire"?
The relevant Supreme Court case regarding the "fire in a crowded theater" metaphor is Schenck v. The United States. The term was used by Oliver Wendell Holmes, Jr. to support his contention that Charles Schenck should be imprisoned for distributing anti-war leaflets during WW I.
Theoretically, if you shout "fire" in a public setting, and there is no fire, and you know there is no fire, and your action results in personal injury or property damage--then, you might be held civilly or criminally liable for that action.
This represents neither prior restraint, nor a restriction on free speech.
The US dropped the case, and Morland's article was published in The Progressive. In fact, all of the article's contents had already been publicly available. Ultimately, this was not an instance of prior restraint by law, but a weak censorship attempt by the government.
The US dropped the case, and Morland's article was published in The Progressive. In fact, all of the article's contents had already been publicly available. Ultimately, this was not an instance of prior restraint by law, but a weak censorship attempt by the government.
Was an injunction granted that prevented the publishers from printing the story when they wanted to print it? (BTW, the answer is yes)
If the injunction halted the printing, until the government eventually dropped the case, wouldn't you call that prior restraint?
Pistol? Shotgun? Rifle? Single shot? Semi-Auto? Full-Auto? Howitzer? RPG?
Or does it mean anything needed to defend yourself? Even if it is just your fists and feet??
A knife? Club? Bat? Hatchet? Shove? Pitchfork? Rolling Pin?
Who gets to define what I can use to defend my and my families well being?? From dangerous predator animals, other individuals with intent to harm or steal, or my overbearing tyrannical government, that comes after me because I will not abide by the oppressed freedoms, liberty and gold they wish to take from me.
My creator, gave me the ability to protect myself. Only government made of men, can take that ability away, so I can no longer effectively protect myself from that very government, much less the predators.
To put it quite simply, the Second Amendment was enshrined to protect a citizens Right to keep and bear the same type of weapons with which they might be threatened and attacked with.
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