But this case is interesting. Because when you run someone over, you can physically observe the damage done to them. But when you communicate in a manner that upsets someone, it’s impossible to objectively observe the impact. And worse: it is strongly personal.
And that is where a truly ridiculous but also entirely reasonable question comes in: how much of someone being impacted by speech online is really kind of their responsibility? It can’t be zero because zero would be completely incompatible with free society; protected speech can necessarily cause discomfort or pain, and realistically with increasingly many perspectives you’re bound to find someone hurt by something. It probably shouldn’t be 100% either, because there’s no amount of thick skin that can’t ever be broken. Somewhere down the middle is a spot where people have to conduct themselves reasonably, but there is some expectation for personal resilience in the face of adversity in communication.
I suspect that a whole lot of conflict regarding CoC’s, moderation, etc. comes from people who believe more or less responsibility belongs with the person who is impacted by given speech. And it is not culturally universal, either. People may scoff at the concept but if your vernacular differs in a way that is upsetting to someone due purely to cultural differences, there may never be a position to stand in that is truly “inclusive to all.”
Effective inclusivity in a community without some degree of compromise by its members is probably impossible, and I worry the group dynamics of modern communities does not mesh terribly well with this concept, on an internet where everything is constantly decontextualized.