“Speech cannot be regulated as an ‘invasion of the rights of others’ because it is ‘merely offensive to some listener’,”
We’ve known that ... like ... forever. The Construction doesn’t guarantee Americans’ the right to not be offended.
Except in the workplace.
The fear of being sued for allowing a ‘Hostile Work Environment’ has forced employers to silence their employees on the matter of trans employees.
From my own experience I can tell you that working with a Trans employee is a hostile work environment
The tension of being in fear of your job if you slip and call that person by their real name is intense.