I like how that sounds, but when I apply the same idea to other crimes I'm less sure. For example, if we take the position that doing potentially dangerous things is fine as long as they cause no damage, then it should be legal to deliberately shoot a gun at someone as long as you miss and they suffer no psychological damage. However, I've always felt it's a good thing that merely threatening someone with a gun is illegal due to the high risk of accidents.
Maybe it makes sense to special-case speech here, but I'm always more comfortable with ideas that don't need special-casing.
Maybe it makes sense to special-case speech here, but I'm always more comfortable with ideas that don't need special-casing.