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View Diary: Alito's Dissent: What Republicans REALLY Want (23 comments)

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  •  You can sue someone privately for IIED now (1+ / 0-)
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    zenbassoon

    for hate speech, if you can prove damages and intent (big if) and if you live in a state with that cause of action still available - this was about whether a government can pass laws restricting speech, and I'm inferring that Alito meant the govt might be liable also for not restricting hate speech enough.  I don't think that would stand up, though.  If the state has no duty to rescue those it knows are in danger of serious bodily injury or death now, like severely abused children left in the abuser's home, how can it have a duty to prevent legally permissible speech which might hurt one person but not another?

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