[whateversclever]

Sure it's relevant. In the context of Free Speech, we're talking about freedom from persecution by the state.

In the US, you can say whatever you like and you will not be prosecuted or jailed. That is simply not true in most other countries.

[jknoepfler]

It isn't pertinent to the conversation re: europe. Also, it's false, you can be imprisoned for inciting violence (or taking other unlawful action) in the United States. Finally, there isn't a categorical distinction between having speech restricted by a suit brought in civil court vs in criminal court: in both cases my speech is curtailed by law.

I drew the obvious contrast with most of the rest of the world in the parent comment, I have nothing more to say there.