CNS NEWS CLINTON-appointee Supreme Court Associate Justice Stephen Breyer said on Tuesday that globalization may change the way the First Amendment applies in the United States, and he suggested that Pastor Terry Jonesâ€™ proposed Quran-burning may or may not be protected under the First Amendment.
Breyer pointed to Justice Oliver Wendell Holmesâ€™ opinion in a 1919 case testing the limits of First Amendment protection. Holmes argued that shouting â€œfire!â€ in a crowded theater would not be protected speech because people could be trampled in the rush to escape a burning theater.
â€œAnd what is the crowded theater today?â€ Breyer asked. â€œWhat is being trampled to death?â€