“Shouting fire in a crowded theatre” is a well known paraphrase of a U.S. Supreme Court decision which served as an example of the limitations on free speech, when the speech is imminently dangerous and has no conceivable purpose.   In a world where we have seen real revolutions in part because of digital media, its interesting that everyone today has digital media to amplify whatever noise they’d like to make – good or bad – and can utilize media without a filter.

Its on the backs of Wikileaks pressure by the American government to shut down – including pressuring financial companies not to process payment, threatened prosecutions and the like – that a close friend of mine for many years, Nitsana Darshan-Leitner of the Shurat HaDin Israel Law Center, is all over the media today threatening to sue Twitter for allowing terrorists to use the digital media network. Trust me, I know her – she is smart, focused and ideological – a formidable opponent raising a valid point. If the US government deems these organizations illegal and they cant raise funds – why can they amplify their message freely to Americans ?

Leitner’s organization, The Shurat HaDin Israel Law Center, is a civil rights organization dedicated to “combating the terrorist organizations and the regimes that support them through lawsuits litigated in courtrooms around the world.” They have done a lot of good worldwide to fight terrorism via lawfare – utilizing the courtroom to battle Anti-Western interests.  Hezbollah, al Qaeda affiliate al-Shabaab and others violate American law by using Twitter. A breakdown of terrorists utilizing social media is here.

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The ACLU says “the government can’t force private companies to censor lawful speech just because the government doesn’t like the speech or the people making the speech.” Does that mean I can go online and scream fire in a crowded theatre ? Can I behave however I want simply because I am online and hidden behind a computer screen ?

While Secretary of State Hillary Clinton recently cited President Obama as believing that “the more freely information flows, the stronger societies become”, one wonders where the administration will stand if mass rioting was sparked by digital media.  UK authorities say rioters used social networks to coordinate mass civil disobedience earlier this year in London.  State prosecutors in Mexico have accused people of terrorism and sabotage by claiming that their Twitter posts helped spread false rumors about a school attack, leading to real-life violence.

Its no secret that the terrorists are public relations savvy and very concerned with brand and image.  As was recently reported, Al Qaeda is concerned about the baggage associated with that name, and is increasingly going by the name “Ansar al Sharia” because of concern about their brand. Its no secret that American PR Agencies have represented Qaddafi, Assad, and just last year Qatar hired a leading U.S. PR firm to lobby for the Hamas regime in the Gaza Strip.

Darshan-Leitner stopped the second Gaza flotilla earlier this year, and has won lawsuits against Hamas, Hizbollah and the Palestinian Authority.  I am sure Twitter’s going to be answering this one pretty soon. I’d venture that a modern “fire in a crowded theatre” discussion may be coming to a courtroom near us very soon.

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Ronn Torossian is the Founder & Chairman of 5W Public Relations, one of the largest independently owned PR firms in the United States. Since founding 5WPR in 2003, he has led the company's growth and vision, with the agency earning accolades including being named a Top 50 Global PR Agency by PRovoke Media, a top three NYC PR agency by O'Dwyers, one of Inc. Magazine's Best Workplaces and being awarded multiple American Business Awards, including a Stevie Award for PR Agency of the Year. With over 25 years of experience crafting and executing powerful narratives, Torossian is one of America's most prolific and well-respected public relations executives. Throughout his career he has advised leading and high-growth businesses, organizations, leaders and boards across corporate, technology and consumer industries. Torossian is known as one of the country's foremost experts on crisis communications. He has lectured on crisis PR at Harvard Business School, appears regularly in the media and has authored two editions of his book, "For Immediate Release: Shape Minds, Build Brands, and Deliver Results With Game-Changing Public Relations," which is an industry best-seller. Torossian's strategic, resourceful approach has been recognized with numerous awards including being named the Stevie American Business Awards Entrepreneur of the Year, the American Business Awards PR Executive of the Year, twice over, an Ernst & Young Entrepreneur of the Year semi-finalist, a Top Crisis Communications Professional by Business Insider, Metropolitan Magazine's Most Influential New Yorker, and a recipient of Crain's New York Most Notable in Marketing & PR. Outside of 5W, Torossian serves as a business advisor to and investor in multiple early stage businesses across the media, B2B and B2C landscape. Torossian is the proud father of two daughters. He is an active member of the Young Presidents Organization (YPO) and a board member of multiple not for profit organizations.