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>hide behind passive speech when it's obvious to a reasonable observer

This is so overloaded with subjectivity, and it's the main problem of why regulating speech remains problematic and dangerous.

I can apply this statement to anything and validate what I claim is the baseline for objectivity.




Well, sometimes subjectivity is necessary. Our systems of justice are loaded with reasonability and community standards tests, because the ultimate arbiter of right or wrong in cases of harassment or morality often is, "Did it make someone feel bad?". I guess that sucks for the people who don't care about making others feels bad, but having to consider what your actions (speech is an action) might mean for others down the line is generally considered prudent. All that's happened now is that that notion's been given teeth.




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