The explanation given by Jimmy Smit's character about the origin of the 'fire in a crowded theater' phrase is completely wrong. The phrase was actually used as a metaphor in a ruling by the Supreme Court upholding a conviction under the Sedition Act for someone for posting anti-draft flyers during WWI. And, that ruling was partially overturned by SCOTUS in a 1969 ruling.
Darin Cooper originally had a minor part in this episode, however it was removed from the final cut.
The mural shown was created for the episode, and removed after filming. It depicts Rosa Parks, Thurgood Marshall, Ida B. Wells, Sojourner Truth, and Frederick Douglass.