How to Outlaw the Proposed Ground-Zero Mosque

Justice Breyer explains that all you need is a big enough riot:

Last week we saw a Florida Pastor — with 30 members in his church — threaten to burn Korans which lead to riots and killings in Afghanistan. We also saw Democrats and Republicans alike assume that Pastor Jones had a Constitutional right to burn those Korans.  But Supreme Court Justice Stephen Breyer told me on "GMA" that he's not prepared to conclude that -- in the internet age -- the First Amendment condones Koran burning.

“Holmes said it doesn't mean you can shout 'fire' in a crowded theater,” Breyer told me. “Well, what is it?  Why?  Because people will be trampled to death.  And what is the crowded theater today?  What is the being trampled to death?”

I'm sure the opposition to the mosque is taking notes. How many Tea Partiers with Molotov cocktails will be needed?

On the other hand, I'm disappointed that a judge who believes in freeing the mouse isn't in favor of freeing much else.