There are absolute rights, and debating where the line falls is pointless. But when applying it to the real world, you need flexibility (i.e. debate where the line falls).
Anyway, isn't that basically what we already have, with free speech? It's legally protected in even extreme cases where it arguably causes more damage than value, but per event it tends to go through courts (or there is enough court precedence to make that wasted effort).
Court precedence applying flexibility to an absolute intent/right is the debating of the line. Isn't it?