Ronn said:

> Instead of obscene language, then, how about the classic example of 
> shouting "Fire!" in a crowded theatre?

That really isn't so difficult. Having a freedom doesn't mean that we
can't make contracts that voluntarily constrain that freedom. For
example, I could constrain my freedom to talk about some new idea by
signing an NDA with its inventor. If I were to talk about it (which I
could, of course), then I'd have broken the contract and so would be
liable for whatever penalties are specified in it. Similarly, it
wouldn't be a constraint on my freedom if the owners of the theatre
make it a condition of the use of their facilities that I not shout
"Fire!" and have terms and conditions that make me liable if I (perhaps
implicitly) agree to those conditions and then make a nuisance of
myself. Similarly for people "joking" about being terrorists in
airports or whatever. None of this needs laws restricting freedom of
speech; although such laws clearly exist.

A harder problem to consider is libel or slander, in which the
slandering party hasn't made any kind of explicit or implicit contract
with the slandered party.

Rich
_______________________________________________
http://www.mccmedia.com/mailman/listinfo/brin-l

Reply via email to