That's why it's imo good to err on the side of less censorship. But some instances of "free speech" undeniably gets people killed.
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Legislature outlines what's ok, and a judge makes the determination in the individual case. Works great in Europe against Nazi shit.
The difference to censorship is that you can still say whatever you want, but in some cases you break the law, which has consequences.
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Thinking about it: In a way Europe handles free speech pretty much exactly the way the US handles guns.. :)
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