Christen who just turned eighteen is out with several friends. They decide to see a movie, but it is sold out. Christen hid in the back of the theatre and yelled "Fire" as loudly as she could. Everyone ran out of the theatre, and a number got in their vehicles and left. Christen and her friends thought that seeing the movie was now possible. Unfortunately, a theatre employee saw Christen yelling, called the police, and she was arrested. Christen told the police officers that she was only exercising her free speech rights. She also told the police that the theatre employee lied and that she personally saw him stealing popcorn. The theatre employee told Christen that he was going to sue for defamation, and she told him that she would win based on her right to free speech. Discuss whether Christen is right on one or both counts and why.

Christen is wrong in both counts.

Explanation:

Freedom of speech or freedom of expression is the individual or collective right to enunciate, utter and develop individual or community ideas, opinions and arguments. It is expected that anyone can express their ideas free from retaliation, censorship, or legal action. It is recognised as a Universal Human Right, and most countries in the world include it as part of its constitution.

However, freedom of speech has some limitations, which are imposed aiming to restrain people to harm other individuals or communities. For instance, when someone intentionally lies to commit fraud. These limitations vary from country to country, for instance, Germany forbids speech that denies the Holocaust, but Spain does not. Yet, there are some common limitations to free speech across most UN Member States. These are related to incitement to terrorism or riot, fraud, unauthorised usage of copyrighted material, invitation or incitation to commit a crime, defamation and in many cases obscenity.

Christen yelled "Fire" in an attempt to prompt the theatre audience to vacate. This was a lie, since there was not a fire in the facilities. This can be taken as a fraud, since she tricked the patrons to abandon the premises.

When she was caught, she intended to defame the theatre employee.

In both occasions, she was not protected by freedom of speech principle.

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