Shouting ‘Fire!’

1. Shouting ‘Fire!’ by Alan M. Dershowitz

2. Predictions • Make a prediction as to what you think this essay will be about? • What reference do you feel the phrase ‘Shouting “Fire!”’ makes? • What do you think this essay will mention about shouting “Fire!” as a part of free speech? Why?

3. Pre-Reading Questions • Consider freedom of expression: Is it possible to wear or show your opinions? • Even if it offends others? • Where does your freedom of expression end? Give an example or situation where this is demonstrated. • Are you truly free to say anything you wish? Give an example of situation where this is true/incorrect, depending on your viewpoint.

4. “…a character shouts at the audience, “Fire!”…” • What else do you see as a violation of free speech?

5. “They and other party members had circulated leaflets urging draftees not to “submit to intimidation”…” • Does this resemble an act of free speech? • Where else in history can you note where people were resisting government for their own beliefs?

6. “… ‘submitting’…” cont’d • Censorship is defined as , “deleting parts of a publication, correspondence, or theatrical performance, suppressing a part, or in whole, anything considered obscene or politically unacceptable.” • Is censorship a violation of free speech? Why? • Explain your answer in a fully developed response.

7. “It [free speech] does not even protect a man from an injunction against uttering words that may have all the effect of force.” • Place this sentence into your own words. • What is he trying to say.

8. “Not surprisingly, he replied, “I do my own thinking.” • Based on the information gathered from this paragraph, what is the difference between Schneck’s pamphlet and shouting “Fire!”?

9. “The First Amendment recognizes no such thing as a ‘false’ idea. Nor does it recognize false opinions about the causes or cures for war.” • Based on this statement, do you feel like the pamphlet is in violation of free speech? Why? • Explain your reasoning in a fully-developed paragraph, citing specific examples from the text.

10. “Holmes needed an analogy that would appear relevant to Schneck’spolitcal speech but that would invite the conclusion that censorship was appropriate.” • Predict what Holmes will say to rule that Schneck is in violation of free speech.

11. “…anymore than the First Amendment protects the right of someone falsely to shout fire in a crowded theater.” • What do you feel are some good analogies or comparisons to shouting “Fire!” in a crowded theater?

12. “The government does, of course, have some arguably legitimate bases for suppressing speech which bear no relationship to shouting “Fire!” • What rights do you feel the government has? • What right do you feel the government uses to overstep their boundaries?

13. Government Use of Rights? Abuse? • Limiting size of fountain drinks in New York City? • Chic-fil-A issue? Cities attempt to ban franchise due to offensive statements.

14. “…they all must be justified on other grounds.” • Based on the selection just read, what are the limits of free speech?

15. Post-Reading Questions • List 2 central ideas—themes—within this text. • Choose one of these ideas. How does this main idea or theme develop over the course of the text? • What is the author’s purpose in writing this piece? What is he trying to get across to the reader?