I think that falls under the "yelling fire in a crowded theatre" rule [1].
Yes, the US has freedom of expression, and you can claim whatever you want about the government (you can even lie). But if you yell 'fire' in a theatre with 500 people and 1 small exit, or 'allahu akbar' in a TSA line, you deserve to get sued and punished for that. That is not legally considered to be freedom of expression.
Personally I don't find that very controversial. If you lie to get someone else's kid into your car, that's not freedom of expression either. Lying to private security during an emergency is not freedom of expression either. Reporting a bomb threat because you have a math quiz is not freedom of expressoin. If you commit fraud on a contract, that's not freedom of expression either, whether or not "it was a joke".
Summary - the case involved was not a principled exception to free speech, but the diametric opposite; a judge basically ruled that you can't criticize the government during wartime because it would undermine the state.
> Holmes, writing for a unanimous Supreme Court, affirmed Schenck's conviction on the theory that this expression could be punished in wartime even though it merely urged "peaceful measures such as a petition for the repeal" of conscription, on the theory that the government could suppress speech that might interfere with the draft.
That stupid and overused quote comes from an opinion by justice Holmes. "Holmes, writing for a unanimous Court, ruled that it was a violation of the Espionage Act of 1917 (amended with the Sedition Act of 1918), to distribute flyers opposing the draft during World War I." - Wikipedia.
Read the case before you quote it. American Supreme Court has done a lot of injustices in its time. And this is one of the more egregious once.
So what you have said is that if someone says "God is great" in a TSA line they should be sued or punished.
Does your opinion change if it is spoken in English? Or is it just Arabic? Should it be taken more seriously if a person is wearing a turban or not? Or maybe their skin color… does that matter?
Yes, the US has freedom of expression, and you can claim whatever you want about the government (you can even lie). But if you yell 'fire' in a theatre with 500 people and 1 small exit, or 'allahu akbar' in a TSA line, you deserve to get sued and punished for that. That is not legally considered to be freedom of expression.
Personally I don't find that very controversial. If you lie to get someone else's kid into your car, that's not freedom of expression either. Lying to private security during an emergency is not freedom of expression either. Reporting a bomb threat because you have a math quiz is not freedom of expressoin. If you commit fraud on a contract, that's not freedom of expression either, whether or not "it was a joke".
[1] http://en.wikipedia.org/wiki/Shouting_fire_in_a_crowded_thea...