Question
I need help answering these question The article is Shouting Fire by Alan M. Dershowitz 1. The key propositions in Holmes's argument are as follows:
I need help answering these question
The article is Shouting Fire by Alan M. Dershowitz
1. The key propositions in Holmes's argument are as follows:
(1) Shouting "Fire!" in a theater creates a "clear and present
danger."
(2) Creating a "clear and present danger" is not protected
by the First Amendment.
(3) Shouting "Fire!" in a theater is not protected by the First
Amendment.
(4) Schenck's distributing the leaflet to draftees is similar to
shouting "Fire!" in a theater.
(5) Schenck's distributing the leaflet to draftees is not protected
by the First Amendment.
Diagram the argument.
2. In an analogical argument, the first thing to check is the
premise that makes the similarity claim-in this case, proposition
(4). What similarities are there between Schenck's
distributing the leaflet and shouting "Fire!" in a crowded
theater?
3. In paragraphs 5 and 6, Dershowitz quotes Holmes as stating
that the First Amendment does not protect words that cause
a panic, "words that may have all the effect of force," or words
that create an "clear and present danger." Given what you
know about Schenck's case, does it seem that his distributing
the leaflet falls under any of these categories? If so, why? If
not, what characteristic of Schenck's action prevents it from
doing so?
4. Dershowitz thinks Holmes made a bad analogy, and he states
what he thinks are two important disanalogies in paragraphs
7 and 10~ What are they? How do they fit with your answers
to question 3?
5. In paragraph 8, Dershowitz offers what he thinks is a better
analogy for shouting "Fire!" in a theater; and in paragraph
11, he offers what he thinks is a better analogy for Schenck's
handing out leaflets. Are they in fact better analogies?
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