Quote:many courts (including SCOTUS) have long upheld the principle of holding the speaker criminally responsible for an outcome.
That decision has been overturned...even when it is correctly quoted as "falsely shouting fire in a crowded theater."
http://en.wikipedia.org/wiki/Brandenburg_v._Ohio
Quote:Brandenburg v. Ohio, 395 U.S. 444 (1969), was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution. The Court held that government cannot punish inflammatory speech unless that speech is directed to inciting, and is likely to incite, imminent lawless action.[1] Specifically, it struck down Ohio's criminal syndicalism statute, because that statute broadly prohibited the mere advocacy of violence. In the process, Whitney v. California, 274 U.S. 357 (1927) was explicitly overruled, and doubt was cast on Schenck v. United States, 249 U.S. 47 (1919), Abrams v. United States, 250 U.S. 616 (1919), and Dennis v. United States, 341 U.S. 494
The case you are referencing was Schenck, which had been superseded by Whitney v California in 1927.
