You can't yell fire in a crowded theater.

 

As the seditionists from the January 6th insurrection continue to be rounded up and charged with their crimes sycophants have begun shouting "free speech" in an attempt to defend their criminality.

 

Time for a little history lesson.

 

In 1919, Supreme Court Justice Oliver Wendell Homes, Jr's. opinion in Schenck v. United States held that a 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.

 

Holmes said that expressions which in the circumstances were intended to result in a crime, and posed a "clear and present danger" of succeeding, could be punished.

 

In 1969,  in Brandenburg v. Ohio the Supreme Court limited the scope of banned speech to that which would be directed to and likely to incite imminent lawless action, e.g. a riot.

 

Hence the shorthand phrase - "You can't yell fire in a crowded theater."

 

Research showed that fake election news declined by 73% after Trump and some of his pals were banned from social media.  (Dwoskin & Timberg, 2021)

 

It also showed that just a few bad actors are responsible for the distribution of fake news including: Sean Hannity, Eric Trump, James Wood and Breitbart News.  (Election Integrity Partnership Team, 2020)

 

Shouldn't they also be banned from social media for shouting fire in a crowded theater?  After all, they did incite an insurrection. 

 

 

https://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_theater#:~:text=The%20original%20wording%20used%20in,is%20dangerous%20but%20also%20true.

 

https://en.wikipedia.org/wiki/Schenck_v._United_States

 

Dwoskin, E. & Timberg, C. (2021, January 16)  Misinformation dropped dramatically the week after Twitter banned Trump and some allies.  washingtonpost.com.  Retrieved January 26, 2021, from https://www.washingtonpost.com/technology/2021/01/16/misinformation-trump-twitter/

Election Integrity Partnership Team (2020, October 29)  Repeat Offenders: Voting Misinformation on Twitter in the 2020 United States Election.  eipartnership.net.  Retrieved January 26, 2021, from https://www.eipartnership.net/rapid-response/repeat-offenders

I'll never forget Melania's jacket. Will U?

 

Whenever I hear Melania Trump's name I see this visual in my head.

 

Do you remember it too?  In case you don't - her jacket says "I don't really care do U?"

 

She chose to wear this jacket to a migrant detention center in Texas on June 21, 2018 where she visited with 55 children some of whom had been separated from their parents.   

 

You remember the stories about the detention centers don't you?  Unsanitary conditions, forcible injections and physical abuse allegations have all surfaced.  (Ellis, Hicken & Ortega, 2018)

 

And this is what she chose to wear.

 

You too will probably never forget this photograph.  That's because we are hard wired to remember visuals.  We remember those that make it into our long term memories with 90% accuracy.  Every time her name is mentioned - the visual is triggered and reinforced.

 

Today Joe Biden is being sworn in as the 46th President of the United States and the Trump's have left the building.

 

On her way out the door Melania Trump has gifted us with more of her pity party whining, complaining that she has been the subject of "salacious gossip" and "false misleading accusations." (Relman, 2021)

 

But this jacket certainly suggests otherwise.  

 

And I will never forget it.  Will U?

 

 

Ellis, B., Hicken, M., Ortega, B. (2018,  June 21) Handcuffs, assaults, and drugs called ‘vitamins’: Children allege grave abuse at migrant detention facilities.  cnn.com.  Retrieved January 20, 2021, from https://www.cnn.com/2018/06/21/us/undocumented-migrant-children-detention-facilities-abuse-invs/index.html

 

Relman, E. (2021, January 11)  Melania Trump breaks her silence about the deadly coup attempt with complaints about 'salacious gossip' in a typo-filled statement.  businessinsider.com.  Retrieved January 20, 2021, from  https://www.businessinsider.com/melania-trump-gossip-typo-filled-remarks-about-capitol-coup-attempt-2021-1