What makes you suggest otherwise?
Dark jokes and strong opinions are example - you something filthy - let's say dark Holocaust/Nazi joke but funny in situation In group that accept it and it's ok. But if it's recorded, it'll stay forever and will surface in most unexpected moment, like job interview or some other screening by gov/corpos.
Don't say that dirty jokes should be punished in future if in given situation they were received as ok and only later someone else, not in situation is going to judge it
People have got into trouble for having retold a controversial joke that they had heard, when the reason they retold had been because they themselves had been upset about it.
I too don't think that holocaust jokes should be accepted, but sometimes people say things because they don't know better at the time. There have been cases of people retelling "dog whistles" without having understood their contextual meaning for certain groups. I've even seen politicians use the phrase "Works sets you free" without understanding why it is inappropriate. People learn and change, but old posts can linger on the Internet for a long time.
What if you brain storm a book/plot idea with a friend aloud and moments later the police knocks on your door because some system said you are about to commit a crime?
A situation that should be impossible due to freedom of speech.
- assault / terror threats
- extortion / blackmail
- fraud
- conspiracy / solicitation to commit a crime
- treason / sedition
- perjury
- slander
Sedition, the bugbear of would-be censors, has never really caught on as a tool of prosecutors in the US. There have been several attempts to use laws against sedition to attack dissidents in the US, but only a few cases have stuck, and it was usually during wartime or with extremely unfavorable defendants. Courts have (rightly) slapped down most uses of sedition laws as violations of free speech.
This is much bigger than saying something illegal on the internet. This is about not being able to criticize your government without fear of retribution. Or how about if this was possible 60 years ago. Gays would have been all caught and gay rights never emerged. Or say you are discussing wanting an abortion and are arrested for arrested for it because at that point in time it is made illegal. The right to have private communication is integral to a free and democratic society. Morals change. Beliefs change. This is good. If you are monitored for everything we will be oppressed and stuck with no way to progress and grow.
The weather is a bit rainy now but there is sun in the forecast for afternoon.
^^^ that is all we have left to discuss already in personal conversations at work anyways.