[vkou]

It recognizes that there exists speech so reprehensible, that it cannot be tolerated in civilized society, and cannot, and should protected.

Where judges chose to draw the bar is incidental to the fact that this exception exists. That they chose to draw it where they did is a legal question, not a moral one.

[Karunamon]

Where judges chose to draw the bar is incidental to the fact that this exception exists.

The fact that judges draw the bar rather than you are me is critically important to prevent abuse. Innumerable boorish people would consider calling out their behavior to be "fighting words".