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But, the "reasonable person" referenced in so many laws does recognize idiom. If I say "I'm going to fuck your shit up", literally that sentence is either a ho
by fineman 11y ago
But, the "reasonable person" referenced in so many laws does recognize idiom.
If I say "I'm going to fuck your shit up", literally that sentence is either a homosexual come-on or means nothing - but idiomatically it means "I will hurt and/or kill you", and at that point a (credible?) threat has been uttered...
So if your "specific" law said "insult X is fighting-words but insult Y isn't", yes that's retarded. But if it says "if a reasonable person would feel the comments were more threat and libel designed to raise hatred against them than criticism..." it might at least be on the right track.