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It is easy to think of examples of speech that should not be free and protected.

It is easy to think of examples of speech that should not be free and protected.

Consider terrorism.  Suppose an anonymous caller phones a hospital and says there is bomb there.  The hospital may have to evacuate as a precaution.  Operations would be immediately stopped, and the very sick would be moved with great difficulty.  Or imagine someone on an airplane standing up in mid-flight and announcing he’s a terrorist.  Passengers would panic and the airplane would be forced to land immediately.  There can be no constitutional protection for this type of speech.

Consider terrorism.  Suppose an anonymous caller phones a hospital and says that there is a bomb there.  The hospital may have to evacuate as a precaution.  Operations would be immediately stopped, and the very sick would be moved with great difficulty.  Or imagine someone on an airplane standing up in mid-flight and announcing he’s a terrorist.  Passengers would panic and the airplane would be forced to land immediately.  There can be no constitutional protection for this type of speech.

Before airplanes and terrorism, the classic example of unprotected speech is yelling “fire” in a crowded theater.  People would stampede for the exits, and some could be injured.

Before airplanes and terrorism, the classic example of unprotected speech is yelling “fire” in a crowded theater.  People would stampede for the exits, and some could be injured.