It seems Feinberg thinks that hate speech does not, in and of itself, cause direct harm to the rights of the targeted group he is not claiming that offence equals harm and he would be troubled by some of the prohibitions on speech in the U. Cartoonists in some other countries do not have that chance, as we are brutally reminded.
Debs, who was sentenced to 10 years in prison under the Espionage Act just for telling a rally of peaceful workers to realize they were "fit for something better than slavery and cannon fodder. Feinberg's principle means that many forms of hate speech will still be allowed if the offense is easily avoidable.
This type of argument has died away in recent times and the case against pornography has been taken up by some feminists who often distinguish between erotica, which is acceptable, and pornography, which is not, because it is claimed it degrades, harms, and endangers the lives of women.
This means that we are free to speak in a way that we are not free to ride outlawed motorbikes. That would be asking too much.
We have found that the harm principle provides reasons for limiting free speech when doing so prevents direct harm to rights.