Tuesday, February 21, 2017

Oliver Wendell Holmes's "Free Speech" Limitation versus Fake News

I recall (maybe incorrectly) the OWH used the example of shouting "Fire!" in a crowded theater where there is no fire, as a an example where speech should not be "Free".
I am not sure of the reasoning but clearly such "speech" causes harm and is equivalent to fake news stories that cause damage. Why then are the people who create Fake News not being prosecuted for negligent damage? are they?

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