Earlier quoted context omitted.
I'm old enough to remember when conservative pundits would pose similar challenges when discussing which forms of contemporary music needed to be outlawed. So where I stand is that I've learned to associate anyone offering the fire in a crowded theater argument as another advocate of the prevailing moral panic.
The "fire in a crowded theater" argument was created by advocates of the prevailing moral panic, in fact. The panic in question was anti-war and anti-draft propaganda by socialist parties in the USA during WW1, and the phrase originated in a Supreme Court ruling that said that it's legal for the federal government to imprison people for speaking such horrible things. It never ceases to amaze me how common this trope…
I know.