There are people out there who, end of the day, are going to do things the people in charge don't like. There are 3 options:
- Tolerate the behaviour
- Remove their freedom
- Kill them
Even if the plan is to try to persuade them to behave differently, that still has to be done while either tolerating misbehaviour or removing their ability to misbehave.
The line between tolerance and removing freedoms has to be drawn somewhere. This question of yours isn't helpful to the debate - the only way to push the conversation forward is to proactively say where you want the line drawn. All that this question will do is discover that the line is drawn arbitrarily and has uncomfortable edge cases. But that is a property of any legal boundary. Nobody has yet been able to draw a line that isn't arbitrary.
The line between tolerance and removing freedoms has to be drawn somewhere. This question of yours isn't helpful to the debate - the only way to push the conversation forward is to proactively say where you want the line drawn. All that this question will do is discover that the line is drawn arbitrarily and has uncomfortable edge cases. But that is a property of any legal boundary. Nobody has yet been able to draw a line that isn't arbitrary.