Expert: Michael Troy - 11/24/2009

Question
penalizing people who say "bomb jokes"" while at the airport is a violation of freedom of speech....am i right????

Answer
Hi Mark,

I cannot provide specific legal advice in this forum, but courts have held that government may restrict speech which could have an immediate impact on something.  The commonly known phrase made famous by Justice Oliver Wendell Holmes is that one may not shout "fire" in a crowded theater and cause a panic.  Similarly, if one claimed to have a bomb in an airport, which could easily result in a shut down of the airport and delays for thousands of people, would likely fall outside of First Amendment protection.  Even a statement made as a joke could be seen as a threat if not understood properly.  Therefore, courts tend to give a LOT of discretion in this area to the security officials involved.  As a result, even an obvious joke could result in detention and possible prosecution.

One may argue that violate the First Amendment, but Courts have not protected people in such cases.

I hope this helps!
- Mike