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“Disinformation” is not the same as
falsely shouting FIRE in a crowded theater

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Posted By: Big Bopper, 10/7/2024 7:30:14 PM

Here’s how the First Amendment debate over governmental prohibitions on free speech has been framed: The Democrats want the government to prohibit people from spreading “disinformation” that they don’t like. The Republicans correctly point out that the First Amendment, in general, prohibits such a prohibition. The Democrats then respond that the First Amendment does not apply because disinformation is like falsely shouting FIRE in a crowded theater – people’s safety is at risk. Republicans then point out that the analogy between political speech and falsely “shouting FIRE in a crowded theater” is rooted in a Supreme Court case dating back to WWI. In that case,

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Reply 1 - Posted by: TrueBlueWfan 10/7/2024 7:50:16 PM (No. 1809265)
I wish the author had noted that much of what the left has labeled "disinformation" in the last few years has been revealed to have been true all along.
21 people like this.

Reply 2 - Posted by: downnout 10/7/2024 8:09:54 PM (No. 1809267)
I’m so glad that an attorney has explained the First Amendment “rule” in layman’s language. Thanks, Glenn.
5 people like this.

Reply 3 - Posted by: WV.Hillbilly 10/7/2024 11:03:43 PM (No. 1809295)
There is no such thing as “disinformation” or “misinformation”. There is only information you accept and information you do not accept. You were not born with a requirement to believe everything you are told. You were born with a brain that allows you to process the information you receive and make independent decisions.
12 people like this.

Reply 4 - Posted by: Subsuburban 10/8/2024 7:34:01 AM (No. 1809391)
Funny how the left interprets the First Amendment expansively when it comes to pornography and the "firey but mostly peaceful" demonstrations in favor of BLM and Antifa, but desires to curtail free expression of opinions they find contrary to the ones they hold. And by "funny," I do not mean amusing. The founders intended freedom of expression to pertain in the arena of political discourse, but clearly did not intend that it give license to publish sexually graphic images. Our "enlightened" Supreme Court while under the sway of leftist judges stood the founders' position on its head. Same with abortion, which the founders all agreed was a criminal act worthy of severe punishment, but the leftist, Godless judges determined to be a "right" guaranteed by the Constitution, or at least in some undetermined emanation and penumbra of that document.
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