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------------------------------------------------ The example of yelling "fire" in a crowded theater, when there is no fire, would not be protected speech because it fails:

A. the Lemon test.
B. the imminent lawless action test.
C. the bad tendency rule.
D. the clear and present danger test.
E. prior restraint.

Yelling fire in a crowded theater, when there is no fire, is not protected speech because it fails the clear and present danger test. This test determines that speech can be limited if it poses an immediate threat to public safety. Therefore, this example illustrates the boundaries of free speech in the context of harming others.

Explanation:

Understanding the Limits of Free Speech

The example of yelling fire in a crowded theater when there is no fire illustrates a crucial principle in constitutional law regarding the limitations of free speech. This action would not be protected under the First Amendment because it fails the clear and present danger test.

The clear and present danger test originated from the Supreme Court case Schenck v. United States (1919), where Justice Oliver Wendell Holmes famously stated that no one has the right to falsely shout fire in a crowded theater. This phrase is used to signify that speech is protected only until it poses a direct threat to public safety or order. Therefore, falsely claiming there is a fire can lead to chaos and panic, potentially causing harm to individuals, making it unprotected under the First Amendment.

In this context, the speech is not just offensive; it clearly jeopardizes the safety of others and can lead to immediate harm. Thus, the government can impose restrictions on such speech to protect public safety.

Learn more about free speech limits here:

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