While some consider their rights as miniscule to the rest of their life. The rest of their life would not be facilitated without the US Constitution. The First Amendment is an incredible statement of belief of democracy in the USA. Don't take it for granted and abuse the society in which one lives.
Pamela Geller is yelling fire in a theater. She uses no discretion in balancing danger with life. She endangered every life involved with the incident.
THE USA'S FREEDOM OF SPEECH is intact. No one stops the KKK or Black Lives Matter from marching in the USA.
Geller doesn't have a case against the country. She and her organization should receive a court summons for the lives they put in the line of fire. Police are not toys or simply considered SOP for extremists.
Schenck v USA (click here)
Term: 1901 - 1939
1918
Pamela Geller is yelling fire in a theater. She uses no discretion in balancing danger with life. She endangered every life involved with the incident.
THE USA'S FREEDOM OF SPEECH is intact. No one stops the KKK or Black Lives Matter from marching in the USA.
Geller doesn't have a case against the country. She and her organization should receive a court summons for the lives they put in the line of fire. Police are not toys or simply considered SOP for extremists.
Schenck v USA (click here)
Term: 1901 - 1939
1918
Location:
Socialist Headquarters
Facts of the Case
During World War I, Schenck mailed circulars to
draftees. The circulars suggested that the draft was a monstrous wrong
motivated by the capitalist system. The circulars urged "Do not submit
to intimidation" but advised only peaceful action such as petitioning to
repeal the Conscription Act. Schenck was charged with conspiracy to
violate the Espionage Act by attempting to cause insubordination in the
military and to obstruct recruitment.
Question
Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment?
Conclusion
Decision: 9 votes for United States, 0 vote(s) against
Legal provision: 1917 Espionage Act; US Const Amend 1
Holmes, speaking for a unanimous Court, concluded
that Schenck is not protected in this situation. The character of every
act depends on the circumstances. "The question in every case 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."
During wartime, utterances tolerable in peacetime can be punished.
