Quotes Library

July 11, 2025

The character of every act depends on the circumstances in which it is done…The most stringent protection of free speech would not protect a man falsely shouting fire in a crowded theatre and causing a panic.

Oliver Wendell Holmes Jr. (1841–1935), American Supreme Court justice, Schenck v. U.S., 249 US 47 (1919), Seldes, p.190

How often, if ever, did you find yourself on the wrong side of a free speech issue—invoking the right to say something that you knew was patently wrong? Or denying the right to one speaking in support of something with which you disagreed?

Holmes’ “man falsely shouting fire in a crowded theatre” is the classic American justification of the need for a limitation on free speech. The only problem is that this graphic metaphor for unprotected speech doesn’t readily translate into matters subject to present-day socio-political debate—a man falsely shouting fire on social media.


More Quotes

February 13, 2025
It is a fine thing to face machine guns for immortality and a medal, but isn’t it a fine thing, too, to face calumny,
April 18, 2025
Politics offers yesterday’s answers to today’s questions.
January 8, 2025
One of the little-celebrated powers of presidents (and other high government officials) is
Page 106 of 125