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女音乐人吴虹飞在发了一条“我想炸……”的微博后,被警方带走。8月2日,吴虹飞从北京市公安局朝阳区分局拘留所获释。在言论自由的法律规制领域,“明显而即刻危险”标准的提出背景是,为了判定反对征兵的传单是否合法,美国的霍姆斯大法官提出一个类比:如果有人在剧院里大呼着火,当然会立即导致恐慌和混乱的严重后果;而散发征兵传单是否也会即刻导致如此明显的恐慌,这是值得仔细甄别的。后来,经过许多司法案件的激辩,人们基本达
Female musician Wu Hongfei made a “I want to bomb ... ” microblogging, was taken away by the police. On August 2, Wu Hongfei was released from the custody of Chaoyang District Branch of Beijing Public Security Bureau. In the field of legal regulation of freedom of expression, the criterion of “obvious and immediate danger” was raised against the background that in order to determine the legitimacy of leaflets against conscription, Justice Holmes of the United States proposed an analogy: If someone shouts in the theater of fire , Of course, will immediately lead to serious consequences of panic and confusion; and whether the distribution of conscription leaflets will immediately lead to such a clear panic is worth careful scrutiny. Later, after many heated arguments in judicial cases, people basically reached