Lemon, Cuomo conflict over whether or not you possibly can yell ‘fire’ in crowded theater

CNN anchors Don Lemon and Chris Cuomo bought right into a forwards and backwards throughout their handoff on Monday night time about whether or not or not it’s a crime to shout “fire” in a crowded theater.

The two have been speaking in regards to the limitations of First Amendment rights and President Trump’s speech earlier than the lethal riot on the Capitol. 

Cuomo, who earned his legislation diploma at Fordham University again in 1995, informed Lemon {that a} Supreme Court justice as soon as stated that the modification isn’t designed to “scream fire in a crowded theater. And that’s what this is.”

Lemon disagreed along with his colleague and stated that he didn’t imagine it was an apt comparability. The two spoke over one another for a second and Lemon stated, “Chris, you’re an attorney. You know that you can actually scream fire in a crowded theater. That’s a misnomer. But we don’t want to get into that.”

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Cuomo responded, “You do, and people get hurt, you’re going to jail.”

Lemon stated, “Well, maybe.”

Cuomo caught to his argument and Lemon stated that he simply researched it and, “The fire in a crowded theater is not a thing. It’s a misnomer. Trust me.”

Cuomo remained unconvinced. 

Alan Dershowitz, the Harvard Law professor emeritus and constitutional legislation scholar, informed Fox News that Lemon was right and pointed to his 1989 article within the Atlantic Monthly titled, “Shouting ‘Fire.’”

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Dershowitz wrote that Justice Oliver Wendell Holmes used the flawed analogy  when he stated, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.”

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Dershowitz wrote that analogies are, “by their nature, matters of degree. Some are closer to the core example than others. But any attempt to analogize political ideas in a pamphlet, ugly parody in a magazine, offensive movies in a theater, controversial newspaper articles, or any of the other expressions and actions cataloged above to the very different act of shouting “Fire!” in a crowded theater is either self-deceptive or self-serving.”

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