Free Speech & Yelling ‘Fire’ In A Theater…

Free Speech & Yelling ‘Fire’ In A Theater…

What does Fire have to do with potential “Compelled Speech?”
You guessed it – nothing…
Which is what is before SCOTUS again now…

By: Joseph M. Lenard

Thomas LaDuke Host of DUKE OVER AMERICA spoke about FREE SPEECH (episode 205) only briefly on his Sunday 12/11/2022 show and I engaged him on FascistBook and just thought it may be a good idea to share the exchange here!!!

I said: ”Fire in a Crowded Theater” is a sad example (hate people using it) and I cover it in my TERROR STRIKES: COMING SOON TO A CITY NEAR YOU book “Free Speech” sub-section. That is a matter of fraud or incitement not of “Free Speech opinion” being protected.

He responded: Fire in a crowded theater is an excellent example because it’s been used in Supreme Court cases. Don’t try to talk over people, talk to them on a level that they understand and also have heard before. This is called the K.I.S.S. method which of course you know. Keep It Simple Stupid.

Image courtesy of: EthicsSage

My then far more elaborate reply: Oh, I agree it is that – SIMPLE (a way over-simplification of the complex Amendment — and my point that the issues under 1A are more complex (opinion, compelled speech, matters of our Religious protections within the same Amendment)) than that); and devoid of any relevance to the broader real discussion of opinion speech vs Fire which is either real/fact or fraud in inducement and therefore incitement (not dealing with opinion speech and therefore IMO very lazy on the SCOTUS’ part). Zero to do with the real issue of opinion (such as: “I hate X people” (protected. but neglected) which may be a popular or unpopular position but ALLOWED as long as it doesn’t then reach a THREAT OF VIOLENCE level – and all the then Unconstitutional HATE speech laws.

And I just expect that we’d be able and willing to engage in the broader more complicate aspects than to rely on the lazy bad example set by previous SCOTUS that does not directly apply to opinion speech. Yelling Fire has zero to do with whether under 1A you can be forced into compelled speech (the Cake baker, now the Website designer) cases. It is way more complex, and I know you know it, but others don’t and we need your leadership on this to deal in the greater complexity like I go into in my book (which, yes, can be easier to go into all that in a book perhaps than trying to engage and be compelling to a radio audience?!? unless you too go into the specifics of cases (please tell me how yelling fire has anything to do with backing a cake type speech case? it doesn’t apply there! The 1A is more than just speech issue(s) but too of beliefs and/or other protected speech))!! The later cases against compelled speech also have to do with freedom of association or to not associate issues to.

VIDEO (1m 39s): SCOTUS Website designer Speech case:

It is similar too in the left’s attempt to over-simplify (negatively) the 2A being about only muskets and War and not one’s own Defense of own property, self, family. Ability to carry w/o restrictions.

I know you have my TERROR STRIKES: COMING SOON TO A CITY NEAR YOU book, because I sent it to you and you mentioned on-air before – and thank you for that. It is page 19, and frankly I should have gone further than what I did, like I did more above. I needed to go into the compelled speech as well as hate speech issues – I did the KISS (Keep It Simple Stupid) myself on page 19 whereas I should have gone further.

And, I hope you’ll check out my new book HOW TO WRITE A BOOK AND GET IT PUBLISHED. As perhaps we’ll see a DUKE OVER AMERICA book someday soon?!?!? I go into how someone like you can take blogs or transcripts from Shows for a ready-made-book.

VIDEO (4m 54s): Were the Founders Religious?
Well duh, that’s why are FREEDOM OF RELIGION is in the Constitution!…


About the Author: Joseph M. Lenard was a former writer for Super Simple Computer Enterprises, REDSTATE, Grassfire, and Rattle With Us – MI TEAParty (where he was Writing Committee Chair) and others. Joseph is a current content provider at Before It’s News and The Liberty Beacon. He is also the Author of: “Terror Strikes: Coming Soon to a City Near You”!

Joseph Martin Lenard (@JLenardDetroit)
author: Terror Strikes (buy)
12CDRC, Wayne12, Committees member
W12 Newsletter Editor Wayne-12CDRC Newsletter
MI 12th CDRC Webmaster
Taylor (MI) Republicans Club TRC Michigan Webmaster
Terror Strikes book (B4IN write-up)

(Click on image to find out more)

Terror Strikes video Trailer:


Read more Articles by Joseph M. Lenard



Click Here to Visit the Site


Welcome to the TLB Project Neighborhood

TLBTalkRepublic Broadcasting NetworkThe Liberty BeaconThe Butcher Shop



Stay tuned to …


The Liberty Beacon Project is now expanding at a near exponential rate, and for this we are grateful and excited! But we must also be practical. For 7 years we have not asked for any donations, and have built this project with our own funds as we grew. We are now experiencing ever increasing growing pains due to the large number of websites and projects we represent. So we have just installed donation buttons on our websites and ask that you consider this when you visit them. Nothing is too small. We thank you for all your support and your considerations … (TLB)


Comment Policy: As a privately owned web site, we reserve the right to remove comments that contain spam, advertising, vulgarity, threats of violence, racism, or personal/abusive attacks on other users. This also applies to trolling, the use of more than one alias, or just intentional mischief. Enforcement of this policy is at the discretion of this websites administrators. Repeat offenders may be blocked or permanently banned without prior warning.


Disclaimer: TLB websites contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available to our readers under the provisions of “fair use” in an effort to advance a better understanding of political, health, economic and social issues. The material on this site is distributed without profit to those who have expressed a prior interest in receiving it for research and educational purposes. If you wish to use copyrighted material for purposes other than “fair use” you must request permission from the copyright owner.


Disclaimer: The information and opinions shared are for informational purposes only including, but not limited to, text, graphics, images and other material are not intended as medical advice or instruction. Nothing mentioned is intended to be a substitute for professional medical advice, diagnosis or treatment.

1 Comment on Free Speech & Yelling ‘Fire’ In A Theater…

  1. More about HERO Provorov (Flyers, #9 player) who boycotted #GAYtivist / #GAYtivism display (its not about TOLERANCE anymore, it is ADVOCACY)…

    If is about FREEDOM OF SPEECH (and NOT just the 1A “Freedom of Religion” part) cuz FREEDOM OF SPEECH coupled with our FREEDOM OF ASSOCIATION guarantees (which means RIGHT TO NOT ASSOCIATE) applies too. And, more-so, this is about COMPELLED SPEECH which you do NOT have ANY RIGHT to FORCE me to make your Political Statements!

    And the SCOTUS has Ruled such YET AGAIN – as discussed in this article/blog.

    And a hearty GOOD FOR YOU from me to all those who are buying up his #9 Flyers Jersey’s IN RECORD NUMBERS to show our support to/for him!!!

    FASCICRATS do NOT, again, have authority TO COMPELL YOU INTO ANY SPEECH YOU DO NOT WANT TO PARTAKE IN…. Period! This is NOT Iran where they FORCE PEOPLE to chant things! At least, NOT YET, though THE LEFT in USA have far more in common with Iranian Ayatollah’s than our Founders!!

Leave a Reply

Your email address will not be published.