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Re:Tesla Faces U.S. Criminal Probe Over Musk Statements by dx87 on Tuesday September 18, 2018 @01:31PM (#18017317)
It's because of the belief that specific acts shouldn't be illegal, just the negative effects caused by those acts. People can say racist things all they want, but if there isn't anyone actually being harmed by it, should they be punished by the government? It's like with Musk, he's not being investigated for a stupid tweet, he's being investigated for a stupid tweet that appears to have been made with the purpose of directly influencing the stock market. Specific acts should only be made illegal if it can be proven that the specific act essentially guarantees that someone will be harmed as a result.
Re:Tesla Faces U.S. Criminal Probe Over Musk Statements by atonse on Tuesday September 18, 2018 @01:38PM (#18017406)
To add to this good explanation, that's also why slander and libel are not protected forms of speech (but they do have high standards of evidence).

You can call a person a million names to their face, but if you publish an article or book saying you think that person's a thief, and that person's life was ruined because nobody would hire them anymore, then yes you're potentially opening yourself up to legal action.

Re:Tesla Faces U.S. Criminal Probe Over Musk Statements by lgeorget on Tuesday September 18, 2018 @01:49PM (#18017520)
> It's because of the belief that specific acts shouldn't be illegal, just the negative effects caused by those acts.

Ah ok it actually makes a lot of sense presented that way. So it really is about "culture" then.