A supreme court judge explicitly stated that example as an example of illegal speech. As far as I know it has not explicitly been tested in court however.
> those who quote Holmes might want to actually read the case where the phrase originated before using it as their main defense. If they did, they'd realize it was never binding law, and the underlying case, U.S. v. Schenck, is not only one of the most odious free speech decisions in the Court's history, but was overturned over 40 years ago.
@freemo @Romaq
Just one random link.
But search it yourself.
It's not a precedent, just an oft repeated liberal myth.
https://www.whalenlawoffice.com/blog/legal-mythbusting-series-yelling-fire-in-a-crowded-theater/