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shouting fire in a crowded theater
"Shouting fire in a crowded theater" is a popular metaphor for speech or actions made for the principal purpose of creating unnecessary panic. The phrase is a paraphrasing of Oliver Wendell Holmes, Jr.'s opinion in the United States Supreme Court case ''Schenck v. United States'' in 1919, which held that the defendant's speech in opposition to the draft during World War I was not protected free speech under the First Amendment of the United States Constitution.
The paraphrasing does not generally include (but does usually imply) the word "falsely", i.e., "''falsely'' shouting fire in a crowded theater", which was the original wording used in Holmes's opinion and highlights that speech which is dangerous ''and'' false is not protected, as opposed to speech which is truthful but also dangerous.
==The ''Schenck'' case==
(詳細はEspionage Act of 1917 (amended with the Sedition Act of 1918), to distribute flyers opposing the draft during World War I. Holmes argued this abridgment of free speech was permissible because it presented a "clear and present danger" to the government's recruitment efforts for the war. Holmes wrote:
The First Amendment holding in ''Schenck'' was later overturned by ''Brandenburg v. Ohio'' in 1969, which limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action (e.g. a riot). The test in ''Brandenburg'' is the current High Court jurisprudence on the ability of government to proscribe speech after that fact. Despite ''Schenck'' being limited, the phrase "shouting fire in a crowded theater" has since come to be known as synonymous with an action that the speaker believes goes beyond the rights guaranteed by free speech, reckless or malicious speech, or an action whose outcomes are obvious.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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