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by ants_everywhere
203 days ago
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where do we land on motherf!cker? Taken literally it's accusing someone of a specific depraved act, but it's also clearly a term of abuse. My guess (not a lawyer!) is that once a term becomes more associated with abuse the more you're protected. Hustler basically called Jerry Falwell a motherf!cker but attributed to him a specific act, which they highlighted was satire and not to be taken seriously. Hustler lost in a jury trial and also on an appeal to the 4th circuit. The Supreme Court eventually ruled in Hustler's favor [0]. This is dramatized in the movie The People vs Larry Flint. [0] https://en.wikipedia.org/wiki/Hustler_Magazine_v._Falwell [1] https://www.metacritic.com/movie/the-people-vs-larry-flynt/ |
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> Taken literally it's accusing someone of a specific depraved act, but it's also clearly a term of abuse. My guess (not a lawyer!) is that once a term becomes more associated with abuse the more you're protected.
Computer people have this weird notion that courts are like a computer program. If x == "foo" then punishment.
That's not how it works. The use of any specific word does not determine in and of itself if something is an assertion of fact or an assertion of opinion. It depends on how you're using the word.