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

May 15, 2025
00:35
A memorandum is written not to inform the reader but to protect the writer.
April 7, 2025
01:01
What is truth? We must adopt a pragmatic definition: it is what is believed to be true.
April 26, 2026
01:07
Trickle down theory---the less than elegant metaphor that if one feeds the horse enough oats, some will pass through [the horse] to the road for the sparrows.
Page 26 of 125