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No, he DID have the right to state his opinion. Freedom of speech allows you to be an absolute and despicable douche. NOBODY'S opinions should be curtailed. AS a gay atheist I get a lot of insults, but I will DEFEND people's rights to insult me, because if you stop free speech then you're THAT closer to a totalitarian state. They have no right to aggress upon me, but they have the right to say whatever their opinions are.
the difference between hate speech and free speech is the intent of harm. If I say I wanted to burn all gay guys, THAT would be hate speech. If I said Gay people are all demented, perverted freaks, I would be very wrong, but would not show any intent to harm, and thus covered.
You are completely wrong. There is a HUGE difference between saying "I want to burn all gay people" and actually DOING it. Sorry, but you can't prosecute people on words, only on actions. When they are arrested showing *physical intent*, their words can be used as proof to show previous premeditated intent, but you can't prosecute people for saying they *want* going to do something.
"Your smooth, chocolatey head, GLAZED in MAN-SWEAT!" is going to pretty much be what I scream at the top of my lungs with a grin every time I see a queerbigot.
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Imagine if somebody had said that they are racist and don't like black people... well... this is no different.