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Those platforms then moved swiftly to post warnings that the challenge was life-threatening. Strange doesn’t begin to cover it, but here’s the important part: Every social media platform reacted by removing every Tide-challenge related video and banning posters. In just the first 11 days of 2018, there were 40 more. In a few months at the end of 2017, there were 200 cases of teens at least partially swallowing detergent. But suddenly, around the end of 2017, the idea seemed to catch on in a big way, particularly the idea of teens filming themselves biting down on a Pod until it sprayed out the highly toxic liquid inside. Whether he should be on the air is not.īack in 2017, one of those strange and harmful trends swept through the nation: the Tide Pod Challenge, a fad in which people-mostly teens posting on social media-bit into Tide’s single servings of squishy laundry detergent.Īs Snopes explains, the earliest videos of the “challenge” went back to 2012, and at different times over the years people had resurrected the idea that Tide Pods were edible in ways that included a supposed Tide Pod pizza and a fake Gordon Ramsay review.
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Whether or not Carlson could be successfully prosecuted is an open question. His words are, by any standard, causing harm to the public welfare, generating a clear and present danger, and creating an imminent threat to the very lives of Americans. But it’s also been used for bad purposes, to protect speech designed to create schisms in the nation and to build up racist hatred. However, even the most extreme interpretation of the First Amendment should not protect the acts in which Carlson is currently engaged. That expansion of First Amendment rights has been a good thing, in part because it has protected the speech of those arguing for civil rights and those protesting war.
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That requirement was made even sharper after 1969 when a series of decisions moved the stakes to a requirement that speech be designed to generate “imminent lawless action.” Under that requirement, speech is not protected only if it is intended to create an incident that is both “imminent and likely.” Then, for most of the last century, the test was “clear and present danger,” meaning that speech didn’t have to just be something that was considered a threat, but an imminent and specific threat. Until the 20th century, the primary test was of “bad tendency” that is, speech could be outlawed if it could be seen as causing harm to the public welfare.
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Decades ago, the Supreme Court determined that the United States should live with a very expansive view of the First Amendment’s promises of free speech in fact, that view has continually expanded.