Offensive speech should be protected, but, if you speak only to offend, you're still an asshole. Classical Liberals are making a strategic error defending offensive speech in particular so often, instead of free speech in general.
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Not instigating harm is one part of it. The other part, whether or not the law requires it, is to attempt to avoid harmful extrinsic consequences as well. Extrinsic consequences are often unpredictable and beyond our control, but just as often we ignore them for convenience.
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