alt Hacker NewsYou can shout fire in a theater all you want.
What you can't do is shout it in a way that makes people believe there is legitimate danger AND your actions cause subsequent panic.
The crime isn't so much about the speech as it is about the damage that that speech causes.
It's a subtle distinction, but an important one.
And can we agree that there are lies that companies tell on adverts that can cause damage?
Carlsbergs tag line is still "probably the best beer in the world" despite it probably being not.
So the comparison works.