Of course, offense is just as difficult and impossible to judge as intent. In both cases, one can simply ask the individual, "Were you offended?" or "What was your intent?" But biased or motivated itself reporting makes each unreliable.
I certainly agree with your final conclusion: it depends on what society is willing to tolerate in terms of false positives and in terms of false negatives. And particularly, the balance between those two kinds of errors.
I certainly agree with your final conclusion: it depends on what society is willing to tolerate in terms of false positives and in terms of false negatives. And particularly, the balance between those two kinds of errors.