Hi Doug,
The free speech aspect of the First Amendment is not what I was referring to. There are several provisions that are provided in it. One is the right to petition the government. That is really all a waiver petition is to the FRA or any other agency. It is provided for in the FRA rules, and the Constitution.
As for not being able to "yell fire in a crowded theatre" that is, interestingly enough, an exception to the absolute wording of the First Amendment Free Speech clause. It also proves my point that sometimes what appears to be an absolute rule, even in the Constitution, might require modification to fit particular situations not previously apparent. So, actually we are in agreement...one size does not necessarily fit all.
Dan Markoff