Friday, December 16, 2011

Is he shouting "fire" in a crowded theater?

I'm sure you are familiar with the phrase "you can't shout 'fire' in a crowded theater." The phrase is a free speech metaphor that suggests that there are some things spoken that are so harmful that they are not protected by free speech rights. The actual quote comes from a legal opinion by Supreme Court Justice Oliver Wendall Holmes, Jr. regarding the 1919 case of  Schenck v. United States. What he actually wrote as a part of his opinion was "The most stringent protection of free speech would not protect a man falsely shouting fire in a theater and causing a panic." Note the key word...falsely. The commonly spoken phrase today usually leaves out the word "falsely." If there was a fire in the theater, it would certainly be appropriate to warn everyone in the theater.

Tell me if you have heard this phrase recently..."the rich are not paying their fair share of taxes." When you hear this said, do you believe the statement to be true? If not, then the phrase probably irritates you because you disagree with it. But what if you believe it to be true? How do you react to the statement?

There are many in politics that have said or repeated this declaration. I would think that many of those that promote this position sincerely believe it to be true. For purposes of this discussion, I don't think it matters whether those that speak it (or shout it) actually believe it to be true. Politicians say things from time to time solely for political purposes (or political theater...no pun intended.)

Here is my question. Is it potentially dangerous to repeatedly shout "the rich are not paying their fair share of taxes?" If you are not "rich" how does that statement make you feel if you hear it over and over? Does your attitude towards people that are better off than you begin to change? Do you begin to get angry or frustrated towards people that are more financially well off than you? Is it possible that some people will decide to take matters into their own hands?

The comedian Adam Carolla is recorded on You Tube with a 7-1/2 minute video where he rants against the Occupy Wall Street movement. If you decide to listen to it, I would recommend the so-called "cleaned up" version. You have been duly warned. One part of the rant describes a change in the times (I am paraphrasing...) " 'Back in the day' a father and son are walking down the street and the richest guy in town drives by in his Rolls Royce. The father tells his son [with admiration] 'there goes Mr. Jenkins...he works hard, he built a company...built an empire...look at that Rolls Royce'."

Contrasting that sentiment with today when, seeing Mr. Jenkins drive by in his big fancy Rolls Royce, the dad asks his son [with a whiny voice] "see that car, why does he need that car, why does he get to drive that car?...let's go throw a rock at him." Carolla suggests that attitude isn't going to help Dad get out of that Chevette he drives.

If politicians continue to shout "the rich are not paying their fair share of taxes" does that not begin to cause a real problem in our collective society? Do we really want to pit one income class against another? I don't know about your town, but it seems like every day I read about another home burglarized or another home invasion. Don't have a 55" 3d TV of your own? Well, why not just take it out of the home of one of those "rich" people. Rather than admire the beautiful Corvette in the restaurant parking lot, I think I will just drag my key down the side of the car because he has something that I want to have but cannot afford.

Falsely shouting fire in a crowded theater is dangerous. In their panic, people can get hurt.

Continuing to shout things that appear to be intended to demonize a portion of our citizenry is equally dangerous. Pitting one group against another does harm. Just look at what is going on all around us. It's time to stop this harmful speech.

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