> Not really, at least in the US it's tipped in the innocent person's favor (i.e. innocent until proven guilty).
That is only in the criminal system. And, that truism has nothing to do with what we are discussing. Even in the criminal system, if you yell, "I'm going to kill you" and run at me with a knife, you may feel that you are joking. But, if I feel fear for my physical safety, my feeling of fear overwhelms your feeling that it was a joke.
You're also not thinking through the entire system. You seem to be under the belief that criminal/tort law requires an actual physical injury. That is simply not the case.
> So, if I'm hurt by how stupid what you wrote is, should you be lose your job or be jailed?
> Basing laws on feelings is the most stupid and abuse-prone idea I've ever heard.
And, that is why we have lawyers and judges.
Consider laws about assault. Assault does not require actual physical harm in order to be a criminal or tortious act. It only requires two elements:
- the assaulter needs to demonstrate intent. This requires more than words.
- the victim needs to feel fear for his/her safety.
Or, let's consider laws about sexual harassment. In the United States, simple teasing is not illegal, but it can become illegal if it creates an offensive or hostile work environment. The feeling has to be justified (hence the role of judges and lawyers), but it is still all about feelings and reactions.
You should read the US civil rights act. It's well written and quite interesting.
I think it's obvious but I'm neither American not a lawyer.