Yelling “Fire!” in a Crowded Theature

From: A
Sent: Thursday, October 10, 2019 3:43 PM
Subject: Implicit contract

I used this with a friend of mine who was using the old “limits to free speech” example of somebody yelling “Fire!” in a crowded theater.  I said, when somebody buys a ticket to get in, there is an implicit contract NOT to yell Fire (unless there really is one). If there is indeed a fire, and only you know about it, maybe there’s even an implicit contract to put a small one out, or if it’s too late, yell the warning. A

Dear A:

Good point. I never thought about this in terms of implicit contracts, but, I think you are correct on this.

I devote an entire chapter of this book to that issue:

Block, Walter E. 2008 [1976]. Defending the Undefendable. Auburn, AL: The Mises Institute; available for free here:; John Stossel:; file:///C:/Users/WBlock/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Files/Content.Outlook/6I1PKZ08/Defending_the_Undefendable_2018_CS.pdf;

Best regards,



5:20 pm on October 22, 2019