Because I’m a nerd, I love to intentionally mix metaphors and mangle aphorisms on occasion. Lately, I’ve been thinking a lot about the Supreme Court — maybe even more than men think about the Roman Empire. I suspect that has more to do with the fact that we’re about at that time of year where the big decisions start being handed down — and there are some pretty consequential ones coming down the pike this year — than me engaging in some lofty intellectual pursuit.
Be that as it may, on Tuesday, I happened to listen to the Court’s oral arguments in the Fischer v. United States case. And, like many, I was amused by Justice Gorsuch’s nod to recent history with his reference to “pulling a fire alarm before a vote” as a potential offense that might “qualify for 20 years in federal prison.” That and his sly wink at “mostly peaceful” protests let us know that Gorsuch is pretty well attuned to some of the silliness afoot in today’s media and legal landscapes.
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That, in turn, brought to mind the tired trope of “fire in a crowded theater,” which I’ve seen trotted out quite a bit lately in discussions surrounding free speech and the First Amendment.
All of which got me wondering if pulling a fire alarm in a crowded theater (rather than the halls of Congress) would have gotten Jamaal Bowman 20 years in federal prison.
Yeah, probably not.
