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

Is Gen Z's intolerance of free speech driven by fear?

When my mother, a member of the Silent Generation, was dying, she told me that she was the best mother she knew, because she raised two such strong and independent children.  As a Baby Boomer, I was also raised in an era of hope, when we all believed we could have a coke and teach the world to sing in harmony.  We also believed in free speech.

That's why the recent controversies over free speech on college campuses caught me off guard.  

But when you think about it, the defining childhood event of Gen Z was 9/11.  And, it's easy to see why this led to helicopter parenting and a generation for whom safety is a priority. 

Based on her research, Dr. Twenge of San Diego State University notes that Gen Z's are more risk adverse than were previous generations; perhaps because they are more aware of their own mortality.  And because their world revolves around social media they have learned that words matter, and that every social interaction carries the risk of being hurt.  So, opposing viewpoints must be shut down because merely hearing them can cause harm. (Twenge, 2017)

Assuming that is true, it poses huge challenges in terms of persuasion.  How can you persuade someone to change their mind if they won't even listen to you?

So, what do you think?  Do you agree that Gen Z has been raised with fear?  Has it impacted their ability to entertain alternative points of view?  And if so, is there a way to get past it and connect so that we can begin to find common ground again?   Which of Robert Cialdini's principles might apply?

Twenge, J. (2017, September 1)  The Smartphone Generation Vs. Free Speech.  wsj.com.  Retrieved September 20, 2017, from  https://www.wsj.com/articles/the-smartphone-generation-vs-free-speech-1504274890?mg=prod/accounts-wsj