Elevating the subjective reaction of the audience to to be the determinative factor in whether speech should be protected obviously means that there ultimately will be no free speech. In the context of the school system, Mexican-Americans who object to the American flag are favored over the rights of free speech by school administrators and our courts have sustained them in this censorship. Increasingly, we see the paranoid reactions of the African-American "community" used to justify censorship.
Now we see the sensitivities of a murderous cult elevated over the First Amendment by the usual suspects.
The whole idea of the First Amendment is to protect offensive speech. Speech which is not offensive requires no protection. The idea that we lose our rights to speak merely because someone contrived to be offended, is the path to tyranny. We cannot compete on a playing field where the goalposts are moved at the whim of the enemy.
