| Assuming you refer to US law your right to not be threatened with violence is extremely limited. Furthermore, when deciding if speech is protected US courts generally do not balance one person's rights against another's. They look at whether the speech falls into a set of well defined categories (which the Supreme Court has refused to expand on many occasions recently). Unfortunately a lot of the debate around free speech online relies on flawed assumptions about current US law. I'm not sure what restrictions should be in place, but I think incorrectly understanding the current legal standards won't help us figure out the answer. For example, the trite phrase "Shout fire in a crowded theater" was coined in a Supreme Court decision written by Justice Oliver Wendall Holms during WW1 to argue that a communist activist who wrote pamflets urging people to hide if they were drafted violated the law and should be imprisoned. Thankfully the Supreme Court subsequently realized that criticing the government in wartime and urging people not to cooperate with the military should not be illegal. The phrase is completely outdated nowadays. Two of the excluded categories I find most frequently misapplied in this sort of debate are "true threats" and "fighting words". In general, they don't apply to most things you might expect them to. > A statement is only a "true threat" if a reasonable person would interpret the words, in their context, as an expression of actual intent to do harm. In addition, the speaker must either intend that the words be taken as a statement of intent to do harm, or at least must be reckless about whether or not they would be interpreted that way (that's still a bit up in the air, legally). https://www.popehat.com/2016/11/16/true-threats-v-protected-... Similarly, the doctrine of fighting words almost never applies in real life > In 1942 the Supreme Court held that the government could prohibit "fighting words" — "those which by their very utterance inflict injury or tend to incite an immediate breach of the peace." The Supreme Court has been retreating from that pronouncement ever since. If the "fighting words" doctrine survives — that's in serious doubt — it's limited to face-to-face insults likely to provoke a reasonable person to violent retaliation. The Supreme Court has rejected every opportunity to use the doctrine to support restrictions on speech. The "which by their very utterance inflict injury" language the Supreme Court dropped in passing finds no support whatsoever in modern law — the only remaining focus is on whether the speech will provoke immediate face-to-face violence. https://www.popehat.com/2015/05/19/how-to-spot-and-critique-... (I'm citing Ken White because I find his writing amusing and easy to read. If you don't like his presentation googling keywords will trivially lead you to more academically oriented sources that say essentially the same thing) |