Penises are not speech, therefore rape is not an expression of free speech
@icedquinn I mean, there is a type of spoken expression that I'd argue isnt speech in the sense of free speech, but I also agree that is a very dangerous and slippery slope.
Deaming that screaming "fire" in a theater is not protected by free speech is something I find perfectly acceptable.
First off, it is an example, no one has ever used it to claim it was a reference to an actual event.. that said the idea that "no one screamed fire" is false. There are at least 3 incidents I know of people intentionally and falsely screaming fire in a theater which got them in trouble.
"It was a religious guy..."
No, the example was never used to say what literally happened, it was an example that was intended as an analogy for the religious guy distributing anti-war leaflets. While the initial use of the phrase may have been a poor analogy for the situation he was trying to argue against it is still an entierly valid example and no one has ever thought that it was meant to describe a literal event that happened.
@anonymoose Perhaps, I never really asked people. But I always interpreted it as just an example of something that isnt protected by free speech and not a reference to a specific case of any kind. In fact I always figured there were many cases that would fit the example.
@anonymoose Not at first. Obviously once I looked into the origin of the phrase many years back I learned about how it was first used as an example in the argument around that case. But that seemed to be more relevant as linguistic history and an interesting fact than it was relevant to the modern day usage of the phrase.