What's the difference between whispering "fire" in a crowded movie theater vs. yelling it out loud? - is it simply the volume of ones voice? Might some intangible like intent have something to do with it? How do you even go about quantifying that? What if everyone laughs at your outburst? What if they trample each other to death?
I feel as though this crowd gets wrapped around the axel on these kinds of questions - anything with too much ambiguity that can't be code golfed into the tersest possible formal logic statement.
When Justice Stewart attempted to define what "hardcore pornography" actual __is__ he simply wrote "I know it when I see it" (1964 Jacobellis v. Ohio).
I feel as though this crowd gets wrapped around the axel on these kinds of questions - anything with too much ambiguity that can't be code golfed into the tersest possible formal logic statement.
When Justice Stewart attempted to define what "hardcore pornography" actual __is__ he simply wrote "I know it when I see it" (1964 Jacobellis v. Ohio).
That's about as good as one can do in some cases.