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Here's the exact quote:

"The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

The above does in fact describe a "clear and present" danger. You'll notice, however, that saying anything on the subject of vaccines, a pedophilic cabal in Hollywood, or the Moon landing is in no way like triggering the immediate stampede of desperate people who have no time to consider the truth or falsehood of potentially being trapped in a burning building.

That analogy is simply too often misused. I have to wonder if its misuse isn't itself "misinformation."



> "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."

Not only is it misused, the doctrine Holmes established was walked back (by Holmes himself!) and hasn't been the standard since 1969.

https://www.popehat.com/2012/09/19/three-generations-of-a-ha...


I don't think spreading misinformation about vaccines is in anyway comparable to the examples of hollywood or the moon landing, and I do in fact think it's a perfect fit for the analogy:

It is an indisputable fact that there are people dying every day because they have decided not to take a vaccine based on misinformation. That group of people is also causing the deaths of others by overwhelming the emergency facilities of hospitals. Personally, I would argue that this danger is very much clear and present.


Every one of the people you describe had time to consider the information they got and to look for more information to confirm or contradict. Again, that is nothing like sitting in a crowded theater and hearing someone shout, "Fire!"

The analogy simply does not hold.




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