"It is illegal to just yell fire in a swarmed or crowded movie theater;" is an opinion and not a fact.
<h2>Further Explanation</h2>
Responses to the question---that whether or not it is a fact or opinion, has always proven to be an opinion, Holmes' opinion.
In 1919, Justice Oliver Wendell Holmes, Jr., stated in his opinion that it is wrong to ''falsely shout fire in a theater to cause a panic''.
The statement was used to figuratively represent the actions or speeches made for creating panic and carrying out criminal activities; it does not mean someone shouting fire in a crowded theater in the literal sense.
Therefore, in that sense, speeches and actions made to carry out criminal activities by anyone were and are still unlawful since it's in a position to urge others to carry out certain criminal activities.
The law, then, criminalized yelling fire in a crowded or swarmed theater, because such proved 'an obvious and present danger. “Dishonestly yelling "fire" in a swarmed theater, therefore, emerged during the Preeminent Court's 1919 decision for the situation of Schenck v. the United States.
The Court overruled that the First Alteration, is not in any way “a perilous discourse” no matter how flexible the expression is.
LEARN MORE:
KEYWORDS:
- illegal
- fire
- crowded
- movie theater
- fact
- opinion