constitutional-law freedom-of-speech
Is it illegal to yell &quot;fire&quot; in a crowded theatre?
<p>I've yet to hear this cliché invoked where the person thinks it's legal, but I see no reason why it wouldn't be.</p>

<p>If you yell fire and cause something to happen that endangers people then wouldn't the endangerment be the crime? </p>

<p>Conversely, if you yell it and people do nothing then what might be the charge?</p>

<p>If these instances are correct then it would seem clear that Freedom of Speech is being honored as it's the result of speech, not the speech itself, that could be an offense.</p>

<p><strong>Law</strong></p>

<p>The origin of the phrase is from the Supreme Court of the United States in the case Schenck v. United States, 249 U.S. 47 (1919).  It specifically rules on the <em>limitation</em> of freedom of  speech (first amendment):</p>

<p>The original ruling is this:</p>

<blockquote>
  <p>The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [...] The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.</p>
</blockquote>

<p>As pointed out by @phoog, this does not saying anything about the lawfullness of shouting "fire", it says that if your speech <em>creates</em> a clear and present danger, the first amendment will not protect you, even if the danger does not result in actual harm.</p>

<p><strong>Commentary</strong></p>

<blockquote>
  <p>If these instances are correct then it would seem clear that Freedom of Speech is being honored as it's the result of speech, not the speech itself, that could be an offense.</p>
</blockquote>

<p>You seem to think that it <em>should</em> be illegal, but <em>only</em> if it results in a panic that endangers people.  If people ignore you, you think it should be protected by your first amendment rights.</p>

<p>That's not how the law works.  The law tries, among other things.  To establish <em>norms</em> for human behaviour.  For example, you will be punished for driving an automobile while intoxicated, even of this does <em>not</em> result in you running over somebody.</p>

<p>In the words of the supreme court: If your actions "are of such a nature as to create a clear and present danger", the congress has the right to prevent you from doing so, despite the first amendment.</p>

<p>I'd say you're maybe being overly formalistic, but you've pretty well identified the distinction: Constitutional law treats the effect of the speech, not the speech itself, as the punishable offense.</p>

<p>So, no, a person shouting fire in a crowded theater would not be charged with misdemeanor shouting-fire-in-a-crowded-theater, he would probably be charged with -- depending on the jurisdiction -- disorderly conduct, criminal endangerment, inducing panic, etc.</p>

<p>But at the same time, setting the question up like this is sort of like saying, "Isn't it technically legal to stuff your mother through a meat grinder?" <em>Technically</em>, there isn't a law prohibiting the stuffing of mothers through meat grinders, but it's pretty safe to say that she's going to die and that you're going to get hit with murder charges.</p>

<p>Criminal law allows juries to infer intent from the likely outcome of a person's actions, so even if Mother somehow survived the grinder, you'd probably still be convicted for attempted murder. Same in the theater: Even if everyone calmly proceeded to the nearest exit, people would probably conclude that you had attempted to induce panic, and you'd be hit with the same penalty as if you had been successful.</p>

<p>As a side note, I just read yesterday that the Hays Code, the movie industry's self-imposed guidelines from the 1930s to 1950s, actually prohibited films from including anyone screaming "Fire!" I haven't been able to verify this myself, but I'll update if I do.</p>

<p>It is illegal in Ohio, under <a href="http://codes.ohio.gov/orc/2917.31" rel="nofollow noreferrer">ORC 2917.31</a>, where it is called "Inducing panic". The law starts:</p>

<blockquote>
  <p>(A) No person shall cause the evacuation of any public place, or
  otherwise cause serious public inconvenience or alarm, by doing any of
  the following:</p>
  
  <p>(1) Initiating or circulating a report or warning of an alleged or
  impending fire, explosion, crime, or other catastrophe, knowing that
  such report or warning is false;</p>
</blockquote>

<p>Notice that the prohibited act is "caus[ing] the evacuation of any public place, or otherwise caus[ing] serious public inconvenience or alarm". Disorderly conduct, <a href="http://codes.ohio.gov/orc/2917.11" rel="nofollow noreferrer">ORC 2917.11</a>, has a lower and more general threshold:</p>

<blockquote>
  <p>No person shall recklessly cause inconvenience, annoyance, or alarm to
  another</p>
</blockquote>

<p>by doing various things by fighting, threatening, insulting, making loud noises, which also includes</p>

<blockquote>
  <p>(5) Creating a condition that is physically offensive to persons or
  that presents a risk of physical harm to persons or property, by any
  act that serves no lawful and reasonable purpose of the offender.</p>
</blockquote>

<p>Note that if the act presents a risk of harm, it is prohibited.</p>

<p>Washington's law, <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=9A.84.040" rel="nofollow noreferrer">RCW 9A.84.040</a> (False Reporting), does not require evacuation or harm to actually result. </p>

<blockquote>
  <p>A person is guilty of false reporting if with knowledge that the
  information reported, conveyed, or circulated is false, he or she
  initiates or circulates a false report or warning of an alleged
  occurrence or impending occurrence of a fire, explosion, crime,
  catastrophe, or emergency knowing that such false report is likely to
  cause evacuation of a building, place of assembly, or transportation
  facility, or to cause public inconvenience or alarm.</p>
</blockquote>

<p>There is another law that would cover fire-shouting, <a href="https://app.leg.wa.gov/rcw/default.aspx?cite=9.40.100" rel="nofollow noreferrer">RCW 9.40.100</a>, which says</p>

<blockquote>
  <p>Any person... who willfully and without having reasonable grounds for
  believing a fire exists, sends, gives, transmits, or sounds any false
  alarm of fire, by shouting in a public place or by means of any public
  or private fire alarm system or signal, or by telephone, is guilty of
  a misdemeanor.</p>
</blockquote>

<p>In California, per <a href="http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=148.4.&amp;lawCode=PEN" rel="nofollow noreferrer">Cal. Pen. 148.4(a)(2)</a> a person is a violator if he</p>

<blockquote>
  <p>Willfully and maliciously sends, gives, transmits, or sounds any false
  alarm of fire, by means of any fire alarm system or signal or by any
  other means or methods.</p>
</blockquote>

<p>It is likely that there is some such law in every state, though the specifics will vary.</p>
