Argumentum El Rushbo
1. A common rhetorical technique in which, after severely insulting their opponent, one side of a conflict responds to the predictable backlash with cries about how their First Amendment rights are being silenced. The aggressor may compare their target to a fascist, or they may simply invoke such snarl words as "political correctness", painting themselves as a hero or an iconoclast. The common element appears to be an error, honest or willful, that leads people to believe the Constitution somehow protects their speech from private criticism in addition to official censorship. A classic example is that of the internet troll who frames his quest to call everyone a faggot as a struggle for freedom, but this strategy appears in many other places, from high school cafeterias to the conservative talk show that lends it its name.
This fallacy applies only in cases where the target does not threaten or express desire for actual legal action, though one would sometimes have difficulty blaming them.
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