There is a huge difference between these two:
> Get fucked, bitch.
> I have your address. I’m going to find you and rape you till you’re dead, bitch.
The second statement is absolutely illegal, as it is a credible threat. The first is a disgusting statement from an asshole that shouldn’t have ever been said.
Since 1998, I’ve been aware of a group of so-called christians who like to go to funerals and public events holding signs that say “god hates fags”. No doubt these people might be inclined to tweet, “We should round up all the fags and kill them.” Absolutely, without a doubt, deplorable as fuck. Still protected speech, as uncomfortable and disgusting as it is. These people nauseate me. They make me want to punch their teeth in. If I then reply to one of these assholes with, “Found your address. Coming for you. Better call your dentist.” I’ve wandered into credible threat territory, and illegal speech. I’m wholly unprotected by the First Amendment now.
Defending free speech means defending the constitutional right to say deplorable, yet wholly legal things. And it’s exceedingly difficult. Intellectually, I know it’s protected speech. I can type these words and say it’s legal and protected. I don’t dispute it at all. Emotionally, and as a human who believes in trying to do no harm because the world is chaos and it’s better to be kind, I can’t stand it. I don’t want to see it. I don’t want to hear it. I don’t want to read it. I want it gone. I want it to never have been said. I want people to have ways to escape being the targets of such speech. People shouldn’t feel unsafe. They shouldn’t feel attacked for who they are. And yet, we shouldn’t take away anyone’s right to speak their mind, no matter how disgusting.
In all these cases, the principles remain the same:
- there is no end to the vile things humans think and say, yet saying them is a right we’ve granted is, in sum, a net good
- anyone who veers outside mere speech and begins to incite, threaten, or engage in illegal action should be swiftly punished
- where lines get crossed or blurred and clarity is needed, we establish laws to do so (and they should pass constitutional muster)