Falsely shouting "fire" to create panic in most cases may not meet the Brandenburg standard because panic, in itself, is not illegal or "lawless action," as established in 1969.

For this speech to be unprotected, it must be aimed at inciting illegal acts, not just causing chaos or fear.

Therefore, causing panic alone in most cases is protected speech under the First Amendment, unless it directly leads to illegal behavior (e.g., violence, destruction of property).

Despite what Zuck thinks, an opinion disagreeing with the CDC on Facebook falls short of this standard.

Some background on this: 🔗