You Can't Yell 'Fire' in a....

We’ve heard about First Amendment rights and what they entail and what they don’t. A very well known fact about limits of free speech is the old “You can’t yell ‘fire’ in a crowded theatre.” But how did that phrase develop? 

Apparently, according to John U. Bacon, the phrase came about in 1913 and from a tragedy. In Calumet, Michigan there was incredible wealth due to copper mining. The town accounted for more than half of Michigan’s total copper production and was quite cosmopolitan. However, the copper miners went on strike that lasted nine months and tensions ran high. As a way to try to get some holiday cheer, the miners and their families held a holiday party in a spacious banquet room downtown. 

One thing that’s important to the story is that it was commonplace for homes, and buildings in general to burn to the ground extremely quickly. Therefore, at any hint of fire, everyone had to vacate the premises as soon as possible. 

While the party was in full swing, someone yelled, “FIRE!” The miners claimed it was someone from the mining company, but no one knows, but what we do know is that an incredible tragedy occured. The entire crowd panicked and rushed to the two exits, which were doors that only opened inwards, and with the crowd surging, 74 people including 54 children were suffocated or crushed to death. 

There were no legal repercussions for the tragedy, but the phrase was used by the supreme court in a 1919 First Amendment case.