Question

Jaidyn, who just turned eighteen, is out with several friends. They decide to see a movie, but it is sold out. Jaidyn hides in the back of the theatre and yells "Fire" as loudly as she can. The theatre empties, allowing Jaidyn and her friends (or so they think) to watch the movie. Unfortunately, a theatre employee saw Jaidyn yelling, called the police, and she is arrested. Jaidyn tells police officers that she's merely exercising her free speech rights. She adds that the employee is lying and that she personally saw him stealing popcorn. The theatre employee tells Jaidyn that he will sue her for defamation, to which her response is that she would win based on her right to free speech. Discuss whether or not Jaidyn is right on both counts and why

Answer 1

In the united states, the right to speech protects the right to express information and ideas. It simply means that people can express their ideas, opinions (popular or unpopular) without any fear of anyone including government.

However, some false statements are not protected under this right. These statements may include obscenity, child, speech involved in illegal actions, speech intended to violate the property law,

According to the supreme court, there are four types of false statements that are not protected under the right to speech are a) statements commented with enough culpable state of mind, b) Knowingly making a false statement to make someone punished, c) Negligently false statement that can lead to civil liability, d) some implicit statement that contains the fact that has some false factual connotation.

In this case, Jaidyn yelled fire loudly in order to get available seats in the theater. However, there was no fire at all. This statement is not protected under the right to speech because it is an implicit statement that contains the fact that has some false factual connotation.

Again, she blamed the employee for stealing the popcorn. However, there was no evidence supporting this. Her claim is protected under the right to speech because it knowingly making a false statement to make someone punished.

In brief, Jaidyn is not right on both counts due to the above given reasons but she might get the protection of the right to speak if her claims about the employee found true.