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Honestly, the latter is absolutely free speech. They are 100% free to say that shit if they want. They are not free however from consequences, i.e. getting hit in the mouth, fired from their job, etc.
This is the real takeaway. Freedom of speech is the freedom to say anything. That's it. You can just say it. It does not protect you from the consequences. It's an important distinction to make, and I'm glad to see other people making that point.
Counterpoint:
You can say anything in an authoritarian state, the consequences are that you'll get disappeared in the night.
Your argument is... valid. Everyone, we've just established worldwide freedom of speech! Put this in the history books!
The argument means that if there are severe systematic consequences to some things you say, then it cannot be considered free speech.
I know, it was a joke. I guess I forgot the /s
100% this. The freedom to say anything also does not entail the right to be listened to. Nobody is required to platform "undesirable" speech. Getting banned from a platform is a perfectly acceptable consequence.
I guess the primary difference is between legally free speech versus socially free speech. The argument being that the government shouldn't stop you from slinging slurs, while you have absolutely no right to not be ostracized/shunned/shamed by your fellow man.
I also think while yelling racial slurs should not be illegal, organizing and mobilizing under a racist ideology that promises to eliminate free speech should be criminalized. The tricky part is doing it in a way that won't be abused ie calling things that aren't racist and supremacist ideology those things to criminalize them.
If only there was an art vs porn emergency button encoded into the law. You just know it when you see it and can call things what they are
I disagree. Free speech should have limits, like every other freedom, because freedoms oppose each others. Insults, defamation, threats, calls for hatred, lies, … shouldn't be covered by free speech.