Earlier quoted context omitted.
It's a path that pre-dates the EU. We're a crowded continent with a huge amount of diversity and a long and bitter history of war. We have learned through bitter experience that, while free speech is a precious right, it is also an extremely dangerous one in the wrong circumstances. Germans in particular are acutely aware of the disastrous consequences of allowing incitement to go unchallenged. Free speech is not unc…
I would argue the US draws the line in a clearly categorical way, while European countries draw it past a categorical boundary. In the US, what you say has to break an already existing criminal law or be pursuant to a criminal act for it to be criminal. For example, lying to someone about your company's financial situation is fraud, telling someone you're going to injure them is threat of battery, and falsely yelling…
A black man mouthing off to a police officer for example would be very likely putting himself in a dangerous situation and anything the officer does would end up 'justified' in the court of law. Or you'll be arrested if you laugh at someone powerful, like what happened with the Jeff Sessions incident [1]
The great irony of our rabid belief in freedom of speech is that it simply doesn't exist in America. It's a nice platitude, but 'freedom of speech' has always been used as a tool and weapon for those in power to suppress minorities or to bolster their own voices. All you have to do is tie it to some other bogus law or rationale, and you get freedom of speech for me but not for thee.
[1] https://www.huffpost.com/entry/jeff-sessions-laugh-congressi...