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by atoav 267 days ago
It can be. But there can be speech where most reasonable people would agree that it should be regulated. E.g. if some dude walks up to your 5 year old child and starts to tell them in intricate detail about his violent sexual fantasy, pretty much everybody notices that the kids right not to have to hear this outweighs the adults edgy itch to do this to a child.

And a lot of speech is like this, nearly no speech is consequence free. I am not saying we should ban any speech that has negative consequences. What I am saying is that with other rights we also have to way the active freedoms of one person ("the freedom to do a thing") against the passive freedoms of all the others ("the freedom to not have a thing done to you").

With other rights it is the same, you may have a right to carry a firearm and even shoot it. But if you shoot it for example in church, other peoples right not to have to deal with you shooting that gun in that church outweighs your right to do that.

In the German speaking part of the EU we decided that the right of literal Nazis to carry their insignia doesn't outweigh the right of the others to not have to see the insignia that have brought so much pain and suffering in these lands. To some degree this is symbolic, because it only bans symbols and not ideologies, but hey, I like my government to protect my state from a fascist takeover, because they are kind of hard to reverse without violence.