Scott Can’t Comprehend That He’s Not Free To (Falsely) Shout “Fire!” — In A Crowded Theater?!

This is silly beyond words, today.

Scott tries to argue that private social media companies violate the law by refusing to carry deadly and thus very dangerous “false statements” about medical advice, in a pandemic that killed a million in America alone.

The classic 1L hypothetical here applies: there is no right of “freedom of expression” (and even less privilege, as “must carry”) to hand a megaphone to morons yelling “fire!” — falsely, in a crowded theater. See Schenck v. US (1919) — at page 249, that’s Oliver Wendell Holmes (whose views… Scott misrepresents — in his). Scott only quoted Holmes in a later dissent; not in Schenk.

People will be trampled to death — just as people were dying from taking a horse dewormer, or worse — colloidal silver drinks — being sold by the Ex-Rev. Jim Bakker show.

These are additionally FDA regulated statements — and no one has a right to make false life science claims in a pandemic.

Just shut it, Scott. You lose.

Americans for science… win.