Comments by "MacAdvisor" (@MacAdvisor) on "These Aren’t Laws | Bad r/Legaladvice" video.

  1. Objection!! Of course one can yell "fire" in a crowded movie theater. The case where that is from is Schenck v. United States, 249 U.S. 47 (1919), where Justice Oliver Wendell Holmes, Jr., wrote, "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic (emphasis added)." The key here is "falsely" yelling, not just the yelling. However, Scheneck was overturned in Brandenburg v. Ohio, 395 U.S. 444 (1969), replacing the "clear and present danger" standard of Scheneck with the "imminent lawless action" standard. I also must say, the "beyond a reasonable doubt" is of dubious use if different juries can come to different conclusions. It is supposed to an objective, not subjective standard. As an example, I point to the Scott Peterson case where there isn't even an official cause of death for Lacy Peterson, let alone a finding she died from a homicide, but, nevertheless, Scott was convicted beyond a reasonable doubt of Lacy's murder. I just don't see how there isn't clear reasonable doubt.
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