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Yes, that is consistently Ken’s point.

The problem is sometimes not laziness, it is being oblivious to Schenck, as most non-lawyers are. The quote is catchy, and often the punchline of TV characters.

But there are people who are invoking it differently. If 1A lawyers didn’t dunk on them for their ignorance and actually analyzed when, if ever, would creating a stampede that results in bodily harm by falsely yelling something would not be considered protected by the 1A, that’d be more useful.

That podcast is his best work, I recommend it to everyone.

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