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Joined 1 year ago
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Cake day: June 11th, 2023

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  • The point I’m making is that the “fire” is a classic example of speech that isn’t protected in the US, but with this ruling there’s no way to prove intent. So what if I sat down and continued watching the movie afterwards? I just got over the delusion. And someone with tourette’s would probably apologize, try to calm people down, or even avoid a theater altogether. I’m pretty sure that someone with a peanut allergy can’t sue a peanut farm if they go visit and sample the produce; if you know there’s an extra danger for you specifically in performing an activity then you are responsible.

    Not to mention tourette’s could never cause targeted, violent, electronic-message based harassment either. This is a focused, intentional action.


  • Completely insane ruling. Wild that Kagan went across the aisle for this.

    the First Amendment requires proofs of mental state

    So I guess it’s basically impossible to convict anyone of anything involving speech? If I yell “fire” in a crowded theater, how can you prove I wasn’t having a delusion that there was a fire? Maybe there was an explosion in the movie and I was so immersed I thought it was real!

    Dude had previous convictions and spent years doing this harassing, it’s not like this was an isolated mental break. Truly insane.