But gets case law wrong
Outspoken TV presenter and journalist Piers Morgan has got into a squabble about US law with not one but two US lawyers.
The exchange began when Daily Mail editor-at-large Morgan told his six million followers that the US constitution is “absurd.” This, he said, is because it allows Nazism but bans shouting ‘fire!’ in a theatre. His comments are likely in relation to recent events in Charlottesville.
US Constitution bans shouting 'fire!' in a theater, but allows armed Nazis to spew hateful, violent, racist, anti-Semitic rhetoric.
Absurd.— Piers Morgan (@piersmorgan) August 16, 2017
A quick Google search shows the whole shouting ‘fire!’ malarkey is not actually true.
Though the 1919 case of Schenck ruled that free speech laws do not protect dangerous speech (shouting ‘fire’ when there’s no fire being dangerous because it may cause panic), this was overruled in the 1960s. Now, inflammatory speech will be illegal if it: “is directed to inciting or producing imminent lawless action and is likely to incite or produce such action”. This is a much higher standard than is laid down in Schenck.
Despite this, the fire/theatre myth lives on. In 2012, US journalist and New York Law School grad Trevor Timm went as far as to say it is “perhaps the most well-known — yet misquoted and misused — phrase in Supreme Court history.” One tweeter, who describes himself as a lawyer on his account, was quick to point this out to Morgan:
The Constitution does not ban shouting fire in a theater. Don't you ever get tired of being wrong?
— William Matthews (@Will_D_Matthews) August 16, 2017
But Morgan — not known for his compromising nature — hit back with this:
Acquaint yourself with Schenck v. United States, 1919.
Explaining US law to Americans is what's tiring. https://t.co/fOmBaEBVUU— Piers Morgan (@piersmorgan) August 16, 2017
Perhaps in too deep at this point, Morgan then set his sights on Harvard Law School graduate and former Goodwin Proctor lawyer Ben Shapiro, who said:
You might want to look into the entire line of cases since Schenck that dramatically limited its ruling. https://t.co/BJ0MkW4swR
— Ben Shapiro (@benshapiro) August 16, 2017
And here’s US Celebrity Apprentice winner Morgan’s response:
It remains unlawful to incite a violent reaction with false claims. I know my US law, rather better than you it would seem. https://t.co/z6PhvRUIgx
— Piers Morgan (@piersmorgan) August 16, 2017
Things took even more of a turn when — fittingly for A-level results day — Morgan and Shapiro began debating the reputation of university law schools. Shapiro began by telling 52-year-old Morgan:
Yes, your degree from "America's Got Talent" gives you more legal expertise than mine from Harvard Law School. https://t.co/i5WMFK2VBq
— Ben Shapiro (@benshapiro) August 16, 2017
Despite this tweet racking up 22,000 likes and 6,000 retweets, Morgan responded with:
Mate, no disrespect but we Brits consider American law schools to be somewhere south of Dumb & Dumber in terms of intellect. https://t.co/RFyM6aiCsj
— Piers Morgan (@piersmorgan) August 16, 2017
Harvard is the top rated law school in the world and has alumni including Barack and Michelle Obama and various Supreme Court justices, for example Donald Trump’s nominee Neil Gorsuch and the Denning-esque Antonin Scalia. UK figures to have studied law at Harvard include MP for Tottenham David Lammy (the first black Brit to do so).
This is not the first time Morgan has got into a lawyer-related Twitter-off.
Earlier this year, a feud was ignited between the Good Morning Britain co-host and barrister and Labour MP Karl Turner when the latter said Morgan “puts me off my breakfast.” After a few sour-worded exchanges, Morgan accused Turner of “lying” about ITV contacting him to apologise for Morgan’s actions. Ouch.
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