While talking to George Stephanopoulos on Good Morning America, Supreme Court Justice Stephen Breyer questioned whether the First Amendment condones Koran burning, comparing the act to falsely shouting “fire” in a crowded theater.
“What is the crowded theater today?” asked Breyer, alluding to the famous Supreme Court opinion by Oliver Wendell Holmes Jr. “What is the being trampled to death?”
Breyer, a Clinton-appointed Justice known for his liberal judicial philosophy, hinted that Koran burning might be similar to the false panic that Holmes’ Court sought to prevent in its ruling. “[The constitutionality of Koran burning] will be answered over time in a series of cases which force people to think carefully,” Breyer said. “That’s the virtue of cases.”
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