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And your prove of this is where in the first amendment? Please show how can they pass a law against it when they can't pass a law against it?
Both are fine according to the first amendment and how speech actually works to begin with. Your argument basically says that if I hurt your feelings I'm a bad man and should be thrown in jail. Real free society you got there and really I want no part of it.
It doesn't make you morally non-culpable, we'll say that.
Look, we've tussled over how you think you should have the right to drive drunk if you want to. If you want to live in an anarchy, move to Somalia where you can do whatever you want. I'll stay here where I'm not blackmailed and where murder is illegal.