nanog mailing list archives
RE: ISP port blocking practice/Free Speech
From: Richard.E.Brown () dartware com (Richard E. Brown)
Date: 25 Oct 2009 10:04:43 -0400
> Free speech doesn't include the freedom to shout fire in a crowded theatre. It most certainly does! There is absolutely nothing to prevent one from shouting "FIRE" in a crowded theatre.
Actually, it doesn't. When I was on-staff at the computer center at Dartmouth, our provost also happened to be a first-amendment scholar, and he gave us an impromptu speech about the first amendment at a staff meeting :-)
The US Supreme Court recognizes a couple exceptions to the broad permission to speak freely:
- Shouting fire in a crowded theater is explicitly prohibited because of the obvious danger and risk of injury.
- "Fighting words", that by their very utterance inflict injury or tend to incite an immediate breach of the peace". [Wikipedia] The example he gave was this: someone standing on a soapbox in Hanover NH, saying that we should storm the gates in Washington and burn the place down is just exercising their free speech rights - there's no credible *imminent* threat. However, standing there and saying that we should burn down the Town Hall could clearly be believed to be a real threat, and the government would be justified in stepping in.
Rich Brown richard.e.brown () dartware com Dartware, LLC http://www.dartware.com 66-7 Benning Street Telephone: 603-643-9600 West Lebanon, NH 03784-3407 Fax: 603-643-2289
Current thread:
- RE: ISP port blocking practice/Free Speech Richard E. Brown (Oct 25)
- RE: ISP port blocking practice/Free Speech Keith Medcalf (Oct 25)
- Re: ISP port blocking practice/Free Speech John Levine (Oct 25)
- Re: ISP port blocking practice/Free Speech Randy Bush (Oct 25)
- Re: ISP port blocking practice/Free Speech Richard Bennett (Oct 26)
- RE: ISP port blocking practice/Free Speech Keith Medcalf (Oct 25)