Oct
30
2022

It's Not a Good Idea Though

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Emma Camp shows that she's more knowledgable about First Amendment interpretation than a sitting SCOTUS justice. And the identity of that justice may surprise you! (It surprised me.) Her provocative headline: Yes, You Can Yell 'Fire' in a Crowded Theater.

Though it is a popular misconception, it's perfectly legal to yell "fire" in a crowded theatre. However, Supreme Court Justice Samuel Alito hasn't seemed to have gotten the message.

Despite sitting on the highest court in the land, directly deciding what is—and isn't—protected by the First Amendment, Alito delivered repeated on Tuesday a common constitutional myth. Whether the remark reveals a deep-seated misconception about First Amendment jurisprudence or was simply a momentary slip-up is unclear.

Ms. Camp points out that Alito was a lone dissenting vote in two First Amendment-relevant cases: Snyder v. Phelps in 2011, and United States v. Stevens in 2010. Both involved very odious speech that (nevertheless) the eight other justices held to be protected by the First.

Somehow, Sam got Citizens United v. Federal Election Commission right in 2010. So maybe with a little help from our Amazon Product du Jour, he could be as well informed on the First as a Reason assistant editor.


Last Modified 2024-01-16 4:59 AM EDT