Sure the line is easy to draw. Just outlaw any speech that really ticks off Charles. He's a commie,s o exproporiating expropriators is all right with him, but fascist racists are not, so we can shut them up.
On reflection, Charles has persuaded me. I am turning in my ACLU card. But I think we should start earlier than speech. we should outlaw fascist racist _thoughts_. Proving mental states poses no special legal problems. They can be inferred from action, as we allow inference of discriminatory motive from actions without any direct evidence of discriminatory statements. So, people who oppose affirmative action by failing to vote for it, or who read The Bell Curve, or who laugh at ethnic jokes, should be subject to legal action. Criminal sanctions should be available, but since the standard of proof is high, I would want civil actions available, in the manner of MacKinnon's antiporn legislation. I would want the possibility of punitive damages for willfully thinking fascist racist thoughts, because after all these thoughts are very very bad.
--jks
--jks