Quote: SmokeyTA "Here is what was said
'"
There is [isome[/i of what was said - "Also posted were comments of a more sexually explicit nature."
Quote: SmokeyTA ".....
Who has decided what if merely offensive – and what is so über offensive that prison is the answer? Who has drawn the line? How was it drawn? Why is any comment/opinion ever a crime? How is 'offensiveness' weighed?
And so forth.'"
And that is the correct argument. And identifies the correct wider discussion. The subjective answer is that a court has decided (has had to decide) that what was said was so offensive that only a custodial sentence would do. Which does get us into the greyest of grey areas - does the court decide on what the "imprisonable offensiveness" level is? Well, I suppose if there is an offence, then it has to. But the court isn't meant to be [imaking[/i the law, just applying it. So on what does it base its rulings?
Obviously it is impractical and impossible to have a complete lexicon of permissible and impermissible things to say. And that is also before you even get into greyer areas such as context, intention and ambiguity.
Should therefore people be allowed to say absolutely whatever they want, wherever they want, without any restriction or recourse? I would firmly say not. But if there are to be legal limits, who makes them, and how, and how does a person know what the rules are?
Given the impossibility of specifying every unacceptable phrase, is there any other way than allowing the courts to simply impose their views, in any individual case, on the (clearly inaccurate) basis that a court on any given day "knows" what is unacceptable and to what degree?