There are also a host of other well-respected exceptions to free speech, like shouting “fire” in a crowded theater.
I wonder how many people would use this example nowadays if they knew that it comes from a WW1-era U.S. Supreme Court opinion upholding a ten year prison sentence for sedition against an anti-war activist—whose crime was to distribute pamphlets arguing that military conscription is unconstitutional under the 13th Amendment, which prohibits “involuntary servitude.”
(By the way, speaking of slippery slopes, the following year the same court upheld another ten year conviction for a speech whose content was carefully crafted to remain within the bounds of the sedition laws, but which was still judged to be illegal on the grounds of intent and indirect implication.)
Yvain:
In a world where people make decisions according to this principle, one has the incentive to self-modify into a utility monster who feels enormous suffering at any actions of other people one dislikes for whatever reason. And indeed, we can see this happening to some extent: when people take unreasonable offense and create drama to gain concessions, their feelings are usually quite sincere.
You say, “pretending to be offended for personal gain is… less common in reality than it is in people’s imaginations.” That is indeed true, but only because people have the ability to whip themselves into a very sincere feeling of offense given the incentive to do so. Although sincere, these feelings will usually subside if they realize that nothing’s to be gained.