We all remember Schenck v. United States, the 1919 decision written by Justice Oliver Wendell Holmes that established the “clear and present danger” test and coined the oft-misquoted line “free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”
Eloquent and well-reasoned.
You know what Oliver Wendell Holmes didn’t say? “Free speech would not protect a man in falsely shouting ‘BINGO!’ in a seniors home.”
But one judge has gone that far…