marichiko

(Takes 5mg of Wolf's suggested Haldol dose and steps into hypothetical land)

The men who framed the Constitution expected that both the governed and the government would act with common sense. In fact, I believe Thomas Paine authored a tract entitled just that - "Common Sense."

I have freedom of speech. Does this mean I am free to give military secrets away to the enemy in time of war? After all, I have the right to speak freely to whomever I please.

Do I have the right to shout "FIRE!" where there is none in a crowded theater? What if I stand on a soapbox downtown on the corner of 1st and Main and shout "FIRE!"? In both instances I am telling a lie.

Freedom of speech does not mean freedom to bring others harm by my use of it. If it did, then there would be no laws about deceptive banking practices, truth in advertizing, inciting riots, on and on.

Falsely shouting "FIRE!" in a crowded theater is an act of coercion, even agression. The people in the dark, crowded theater are unable to judge the validity of my words for themselves. The unwritten social contract in all human societies is that we will not knowingly harm one another. That's why we are shocked by acts of murder or the abuse of an innocent child. The warning shout is taken at its face value. No one would willingly jump up in a mass stampede for the exits when no need for such an action exists.

If I have the right to "life, liberty and the pursuit of happiness," the man falsely shouting "FIRE!" has infringed on all three of these rights. My life is in danger since I may be trampled by the fear crazed crowd, my liberty to make a rational choice has been taken from me, and I'm certainly not happy as I struggle with the mob to escape.

In this sense, the shout of "FIRE!" is far from being a constitutional right. It is in fact, an unconstitutional act. In my world, even a six year old has more common sense then that.