[annalex]

I think that any cultural or religious majority will establish the de-facto community standard without any use of force or government coercion, just because they are majority.

Next, laws will be passed that ban what the majority thinks is offensive.

Next, a minority that is uncomfortable with that should sue to repeal or correctly interpret these laws. A jury will then decide if the offensiveness is objectively there or if the majority simply doesn't like the minority cultural expression, but cannot be offended.

At this point the standard is objectified through the tests in court and rules.

The present system stands all this on its head. The jury,. for most part, is out of the picture, supplanted by the executive branch. Instead of proposing a standard, looking for a court challenge, then seeking to adapt the standard, the government simply assumes that all expressions are rightful as long as they are minority, because they bring diversity. The government doesn't go to bat for extreme offensiveness, such as public pornography, not because it understands that pornography is offensive, but because it knows it can't win, not yet.

[tpaine]

I think that any cultural or religious majority will establish the de-facto community standard without any use of force or government coercion, just because they are majority.
Next, laws will be passed that ban what the majority thinks is offensive.

--- The 14th amendment, in effect, says that states/communities cannot ban, they can 'regulate' public behaviors & uses of property, but they must use due process, - not prohibitive decrees.

Next, a minority that is uncomfortable with that should sue to repeal or correctly interpret these laws. A jury will then decide if the offensiveness is objectively there or if the majority simply doesn't like the minority cultural expression, but cannot be offended. At this point the standard is objectified through the tests in court and rules.
The present system stands all this on its head. The jury,. for most part, is out of the picture, supplanted by the executive branch. Instead of proposing a standard, looking for a court challenge, then seeking to adapt the standard, the government simply assumes that all expressions are rightful as long as they are minority, because they bring diversity. The government doesn't go to bat for extreme offensiveness, such as public pornography, not because it understands that pornography is offensive, but because it knows it can't win, not yet.

-- Not yet? Good grief. - Sorry, but I'm outa here, on that note.