How far does the first amendment go?
The first amendment does not protect speech or expression that puts others in danger. That’s why you can’t yell “fire” in a crowded theatre (unless there is a fire of course). This was the example used to explain this issue in the famous Supreme Court Opinion. As Oliver Wendell Holmes, Jr. wrote in his famous opinion in the Supreme Court the test is “whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” Although Schenck was later overruled the concept remains, only the standard has changed. Schenck was later overturned by Brandenburg v. Ohio, which ruled that speech could only be banned when it was directed to and likely to incite imminent lawless action (e.g. a riot), the test which remains until this day.
