What Line?
The Line where Free Speech causes Harm.
The Line where Free Speech Inflames and Incites.
The Line where Free Speech causes Death.
First Amendment to the United States Constitution is among our most cherish principles and ideals. The "prohibition or abridgment" of speech are themselves prohibited by Congress, in the Constitution.
Yet the Supreme Court over the years has drawn a "few boundaries" where Free Speech causes more Harm, than Good -- where Free Speech should lead to real Liability.
Especially when such Speech is spoken "falsely".
Actually, [Justice Oliver Wendell] Holmes wrote that "falsely shouting fire in a crowded theater" cannot be protected. The key word "falsely," left out by Breyer, gave the phrase its legal significance.
If you truthfully shout "fire" in a crowded theater, then that is dangerous but truthful, so it's protected by the First Amendment.
So there IS a Line ...
So according to this well-established Legal Precedent, of the "Crowed Theater" --
When Speech is potential Harmful -- It must also be True.
in other words -- there MUST be an Establishment of Facts.
Someone Inciting Dangerous Actions -- MUST be uttering the "Truth", according to the Supreme Court.
Otherwise the Harm likely to be caused, outweighs the benefit of the individual to express "their ideas".
We can not go around shouting "Fire!" -- falsely -- at public events, simply to "stir stuff up" or agitate the audience. There are consequences to that type of speech.
Incitement Speech has Consequences.
Hate Speech has Consequences.
False Speech has Consequences.
Even though "Public Figures" may have to endure "falsehoods", and even "defamation of their character" -- without much legal recourse, by other well-established Legal Precedents
-- even so they should NOT have to endure Harm, as a tangential result of false, hateful speech.
"The right to swing my fist ends where the other man's nose begins."
-- Oliver Wendell Holmes
Perhaps, if the fourth estate, the watchdog of government, our Constitutional-established "Free Press" were more focused on Fact Checking, than "stirring stuff up"
-- perhaps THEN we wouldn't have so many people, political figures or otherwise, running around FREELY Shouting "Fire" in a Crowded America ... FALSELY ... and with questionable intent.
When the Speaker is shouting Fire, they had damn-well better mean it.
And IT had damn-well better, better be TRUE!