Jessica Rodriguez: Reaction to "Shouting 'Fire!'" by Dershowitz (Blog # 9)

In Shouting “Fire” Dershowitz criticizes the maliciously and dishonestly use of the freedom of speech and the attempts to restrict it. He argues against the analogy that Holmes uses to justify his decision in a case of Schenk v. United States. He defines the analogy as a caricature of logical argumentation and explains with examples why he catalogues it as a false analogy. In addition; he gives us some examples of analogies that are logically related to the Schenk case and that could be used by Holmes. According to Dershowitz the real purpose of Justice Holmes was to set a precedent in a restriction of the freedom of speech, using as a diverter the war situation in a case of ideological background. He also shows us the subsequent misuse of this analogy in speeches, cases and arguments especially for or to justify censoring purposes