I have the right to yell anything I want in my theater (assuming I don't create a disturbance next door, etc.). And I can specify whatever code of conduct I want for other people in my theater. If I believe someone's yelling "Fire!" in my theater damaged my business (imposed a cost on me), I can bring suit. A court or arbitration agency will have to judge, presumably, issues of intent and the destructiveness of alternative possible actions by the person who saw the fire (assuming there was one). Similarly, if I'm trampled in response to such a cry, I may take action against the person who yelled "Fire!"--or the person who trampled me, or the theater owner. An arbitration agency will have to allot responsibility. But there isn't any need to decide whether I have a transcendent right to yell "Fire!" in "a" theater.
And should that case be dismissed on free speech grounds?
Cheers,
Steve
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