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How do you test "a reasonable person would consider to be threatening, abusive or insulting"? It seems likely that the test for a "reasonable person" could be
by cottsak 5y ago
How do you test "a reasonable person would consider to be threatening, abusive or insulting"?
It seems likely that the test for a "reasonable person" could be easily abused with a motivated majority.
However that doesn't bother me as much as the virtually untestable "threatening, abusive or insulting" which is almost exclusively a personal interpretation. How is there any test or defence for this?
- kjgkjhfkjf 5y agoUsing a jury, or previous decisions by superior courts.
- baggy_trough 5y agoIf a person doesn't believe that a trans woman is literally a woman, and discusses that with their family, is that something that a reasonable person would consider insulting? I certainly wouldn't have said so five years ago, but given the madness sweeping across the land, now who knows?
- sthnblllII 5y agoThen you weren't paying attention.
- GoblinSlayer 5y agoThe insult laws were already tried and the result was appearance of many insulted people which was enough to apply the law. Often they didn't know what was the insult.