I have never liked that example for a couple of reasons. First, that isn't exactly what Holmes said in Schenk. No one has ever been charged with the crime of yelling FIRE is a crowded theater. I am pretty sure that particular offense doesn't appear in the statute books of any state. Creating a panic is what would be the criminal act. If no one reacted to someone shouting FIRE, there would be no crime. The second reason is simpler. If there was a fire in a crowded theater, I would hope that someone would yell FIRE to alert the other theater goers.
“Extremism in defense of liberty is no vice. Moderation in pursuit of justice is no virtue.” - Barry Goldwater
While the question of whether a state or local government should, under the Constitution, be able to restrict citizens from leaving their homes or opening their businesses because of a virus outbreak - which is, of course, what has prompted this particular discussion, though the scope of it has obviously grown - is certainly worth discussing. However, there is no question but that there is both logic and legal precedence to support the quarantining of those who are known to be infected with a serious, communicable disease, or for the banning of them from performing certain jobs that could potentially affect public safety. As others have stated in so many words, a right doesn't cease to be a right because certain rational limits are placed on it.
“Civilized men are more discourteous than savages because they know they can be impolite without having their skulls split, as a general thing.” - Robert E. Howard
"Only a rank degenerate would drive 1,500 miles across Texas and not eat a chicken fried steak." - Larry McMurtry
DGUtley (04-06-2020)
That is a very thoughtful (as in trenchant) response.
Even so, I would push back just a little.
Let us suppose (as seems reasonable) that these restrictions do, indeed, save some Americans' lives.
But that begs the question: Is human life a higher value than civil liberties?
It is really not quite so easy of a question as it may (initially) seem.
If, after all, human life were the ultimate value, then why would we ever engage in war--rather than just humbly laying down our arms, and accepting the consequences?
Again: Think about it.
These are good discussions. Thx.
Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes
pjohns (04-07-2020)