When the limits of free speech are discussed, the above rubric is employed to demonstrate that speech which causes immediate and significant danger to the public is not protected by the First Amendment.
But what if the theater is in flames, and a person in a position of authority and responsibility for the theater's audience shouted, "There is no fire! Go back to your seats and enjoy the show!" Would that not also fail the test of protected speech, properly resulting in criminal charges of public endangerment and willful negligence, at the very least?
This is what Tennessee State Senator Stacey Campfield has done: used his position of authority to tell his constituents (and anyone else listening) that there is no danger - when, in fact, he either must know better or is choosing to deceive himself and others for ideological reasons.
Sen. Campfield was interviewed on Sirius XM'x Michelangelo Signorile Show last week, where he made the statement that
"My understanding... is that virtually, if not completely impossible, to contract AIDS outside of blood transfusions through heterosexual sex. It's virtually impossible,"
Should anyone in the State of Tennessee (or anywhere else) consider basing their sexual behavior on the senator's comment, please know that - without ANY doubt - he is wrong. Not only is he wrong, but the health data on the transmission of HIV is so overwhelmingly in conflict with his statement that he is wrong by his own deliberate choice!
Yes, Senator Campfield is choosing to say something that, if believed by the constituents he is sworn to serve, will result in tragic illness, enormous medical cost, and/or death. He is compounding this crime by defending and repeating his remarks, attempting to support them with easily refuted lies about the origins and history of HIV. TN Senator Stacey Campfield stands by radio comments...
This is not protected "free speech". The appropriate law enforcement agencies would be derelict in their duties to not bring charges against Sen. Campfield.