<p>JHS: Cool! A Constitutional law scholar! I’ve always wanted to know one of those because I’m always having these questions I can only guess at and no one else I know can answer. Good to know you.</p>
<p>2dsdad: I’ve always thought of issues that pit two groups against each other as having three dimensions. The first is principle. The second is power. The third is history, or context.</p>
<p>Let’s take an extreme example just to illustrate my point. It’s Germany in 1938. A Jew posts a banner proclaiming all Aryan Germans to be murderers and rapists. A member of the SS posts a banner making the same claims about the Jews.</p>
<p>The principle is the same. In both cases, the statement is racist. Not all Germans are murderers and rapists. Not all Jews are murderers and rapists. Still, the law of probability makes it a virtual certainty that some unknown percentage of Aryan Germans fit the accusation, and some unknown percentage of Jews fit the accusation.</p>
<p>What’s not the same is power. The Jew who posted the banner would have had only a tiny amount of power. Basically, all he could have done was commit an individual violent act. The member of the SS, on the other hand, has the power to literally incarcerate, rape, kill, torture, etc. large numbers of Jews.</p>
<p>Now, that was an extreme example. I am not comparing this situation to pre-war Nazi Germany. I simply wanted to illustrate the point that, while the principle is the same, the power differential is not. In the example I just used, an Aryan German might be offended, but probably not frightened. A Jew would be very frightened, and for very good reason.</p>
<p>A third dimension is history. Multiply the power differential by a history of violence or other oppression by one group towards another, and the fear and intimidation factor is multiplied.</p>
<p>So, all statements are not the same in effect, even if they are the same in principle.</p>