Second, you deny that there is anything incomplete about your framework, and then you pull in hate speech - which 1) it was by no means clear that you had intended to include (adding "unless hate speech" seems to me a materially different position than without it, and real people probably hold both versions), and 2) it is not entirely clear that Prop 8 shouldn't be considered an example of hate speech (though context being what it was, it is entirely clear that we shouldn't be prosecuting people retroactively for it).
"There is no societal problem with propositions which are constitutionally untenable."
There is no inherent societal problem by virtue of a proposition being constitutionally untenable. Many constitutionally untenable actions entail a tremendous societal problem, though - consider the internment of Japanese-Americans during WWII. Many would consider temporarily depriving a class of people of rights they'd previously been afforded "a societal problem". In many cases, I think they're clearly correct. Here, I think they're correct but somewhat less clearly (partly due to proximity).
'No, there was a problem with your straw man. Remove that, and you'll find that your position reduces to, "Society should not tolerate speech from people who are wrong." The problem is how such a thing would be adjudicated.
There's a problem with your framework. You don't see the solution because your position is effectively against free speech. You are only for speech you personally label as "tolerant." In a truly free society, one must be free to be wrong. That's the only way it can work.'
First, it should be clearly noted that no one is calling for criminal penalties. These things are adjudicated by individuals deciding who they are and are not comfortable dealing with.
Second, I didn't propose a framework. You'd made an assertion, and I was trying to get at the lines you were drawing around that assertion.
Third, in a free society, you deal with the consequences of your actions - including speech. It's worth noting that this is why capabilities for anonymous speech are so important. There are some consequences we should clearly be going out of our way to preclude; governmental retribution is antithetical to free speech, violence needs to be prevented, &c. But "I said something people don't like, therefore they don't like me as much, therefore they prefer to do business with someone else" is an entirely unavoidable consequence of a free society - the alternative is to force people to do business they don't want to do.
Finally, again, there was no straw-man, and granting that introducing the notion of hate speech solves the issue (of which I'm skeptical) there was a flaw in the framework you'd laid out: the lack of mention of hate speech as an exception.
