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“You can’t yell ‘fire’ in a crowded theater. That’s the test, that’s the Supreme Court test,” said Tim Walz in tonight’s debate.
It is not the Supreme Court test. The SCOTUS case the quote is from was overturned in 1969, when the court replaced the “clear and present danger” test with the Brandenburg test.
Perhaps most incredibly, Yale Law School graduate JD Vance followed up and uncritically repeated the “fire in a crowded theater” phrase.
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