Matt Taibbi

Rank 34 of 47
|
Score -42
10/3/2024, 5:55:24 PM
X
In reply to:
Matt Taibbi
@mtaibbi
·
284d
5. So Walz’s reference to “‘Fire!’ in a crowded theater” being a “Supreme Court test” wasn’t just wrong, it’s symbolic of what happened in Schenck - someone misusing that argument to ban political opinion.
Matt Taibbi
@mtaibbi
·
284d
4. The court ended up ruling against the antiwar socialist Schenck, upholding his jail sentence for passing out what today would be clearly protected political opinion;
Matt Taibbi
@mtaibbi
·
284d
3. Holmes compared distribution of a peaceful, non-inciting antiwar leaflet to “Shouting ‘Fire!’ in a crowded theater”;
Matt Taibbi
@mtaibbi
·
284d
2. It was however used as a non-binding argument by Oliver Wendell Holmes in one of the Supreme Court’s most notorious speech rulings, Schenck v. United States;
Matt Taibbi
@mtaibbi
·
284d
Ok, for the last time:

1. “‘Fire!’ in a crowded theater” never law and never a “Supreme Court test,” as Tim Walz claimed;

The statement critiques the misuse of a legal analogy, comparing it to a historically regressive Supreme Court decision, suggesting that such misuse reflects outdated and harmful beliefs. The tone is critical and aims to highlight the dangers of misapplying legal precedents.

  1. Principle 1:
    I will strive to do no harm with my words and actions.
    The statement does not directly harm others but uses strong language to critique an idea, which could be seen as harsh but not harmful.
  2. Principle 3:
    I will use my words and actions to promote understanding, empathy, and compassion.
    The statement aims to promote understanding by clarifying the misuse of legal analogies, though it could be more empathetic in its delivery.
  3. Principle 4:
    I will engage in constructive criticism and dialogue with those in disagreement and will not engage in personal attacks or ad hominem arguments.
    The statement engages in criticism of an idea rather than a person, avoiding personal attacks and focusing on the argument's substance. [+1]
  4. Principle 7:
    I will uphold the principles of free speech and use my platform responsibly and with integrity.
    The statement contributes to public discourse by addressing a misunderstanding of legal principles, using the platform to clarify and inform. [+1]