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Nobody wants to see abusive speech being used. The question is whether or not the law should "protect" people from it. I'm not talking about making credible threats, because the crime of assault already covers that.

If a society decides that abusive speech is a special case that must not be tolerated, it also has to define what "abusive speech" is. This requires, by its very nature, a subjective and often emotional interpretation. That society must also determine whether unintentionally abusive speech is a crime.

If the law is charged with protecting people against abusive or potentially abusive speech, it has to have powers necessary to do so. This requires the power to censor, the power to silence dissenting voices, and the power to (re)interpret the words of others based on the emotional reaction of anyone who hears those words (which may not be the intended audience).

Those powers undermine the use of speech for all purposes, not just ones that society deems appropriate.

I don't understand why people seem to think that any kind of distinction here can be enforced without undermining free speech as a whole. By way of example, you have property rights and if, by exercising them, you erect a hideous statue on your property which your neighbor finds offensive, your neighbor has no right to have the statue torn down simply because he finds it distasteful.

Freedom of speech is only really valuable when you're saying something that someone might want to censor. Nobody cares if you're saying something everyone already agrees with.



> By way of example, you have property rights and if, by exercising them, you erect a hideous statue on your property which your neighbor finds offensive, your neighbor has no right to have the statue torn down simply because he finds it distasteful.

Also on this unrelated topic, exactly the opposite is common in Europe.

In the UK, you would need planning permission to place a statue, a process which allows a neighbour to voice their objection to the planning committee of the local government.

e.g.

http://www.cherwell.org/news/2009/02/19/gormley-statue-place...

And this is considered normal and accepted. You don't get to place offensive statues in public.




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