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Is the bromance over? Lemon makes an even bigger fool out of Cuomo in segment on free speech

Watching CNN’s Don Lemon make an absolute fool of Chris Cuomo over how ‘yelling fire in a theater’ is not allowed under the First Amendment is simply priceless. Lemon schools Cuomo, who has a law degree, on the subject matter during a contentious back and forth. But in the end, you’ll be relieved to know they still professed their love for one another. Cringe.

The besties were discussing the Capitol Hill riot and how being censored by social media wasn’t actually censorship. Lemon seems to be selective with the First Amendment. They both agree that Trump’s speech before the riot was incitement. Again… free speech for thee, but no for me. It was not incitement and the president did not call for an uprising.

Cuomo got his law degree at Fordham University back in 1995 and needs a do-over. He told Lemon that a Supreme Court justice once said that the amendment is not designed to “scream fire in a crowded theater. And that’s what this is.”

In an ‘even a broken clock is right twice a day’ moment, Lemon disagreed and stated that he did not believe it was an apt comparison. The two talked over one another for a moment and then Lemon said, “Chris, you’re an attorney. You know that you can actually scream fire in a crowded theater. That’s a misnomer. But we don’t want to get into that.”

It’s a friendly spat CNN style. Cuomo proceeded to make himself look even more foolish if that is possible. It was extremely amusing.

Cuomo responded, “You do, and people get hurt, you’re going to jail.”

Lemon stated, “Well, maybe.” And maybe not.

Cuomo wasn’t backing down… he doubled-down on being wrong. Lemon then proceeded to tell Cuomo he recently researched it and, “The fire in a crowded theater is not a thing. It’s a misnomer. Trust me.”

Alan Dershowitz, the Harvard Law professor emeritus and brilliant constitutional law scholar, told Fox News that Lemon was correct and pointed to his 1989 article in the Atlantic Monthly titled, “Shouting ‘Fire.’”

Dershowitz wrote that Justice Oliver Wendell Holmes used the flawed analogy when he stated, “The most stringent protection of free speech would not protect a man in falsely shouting fire in a theater, and causing a panic. It does not even protect a man from an injunction against uttering words that may have all the effect of force.”

Dershowitz wrote that analogies are, “by their nature, matters of degree. Some are closer to the core example than others. But any attempt to analogize political ideas in a pamphlet, ugly parody in a magazine, offensive movies in a theater, controversial newspaper articles, or any of the other expressions and actions cataloged above to the very different act of shouting “Fire!” in a crowded theater is either self-deceptive or self-serving.”

Lemon was right for a change. But it was incredible watching the facial expressions of the two non-intellectual powerhouses go at it over such a flawed expression. And no doubt, Chris Cuomo still thinks he’s right. This is CNN.

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