The majority gets to determine that, just like everything else. That's how society works.
And it's not a progressive thing, there's plenty of classy conservatives left up here who are sick of their fringe as well, just as there are progressives, including myself, who are sick of our fringe. Being over pieces of shit is a bipartisan sentiment, apparently.
And not for nothing, but your primary concern about going to jail for hurting someone's feelings kind of makes the point for me. Maybe don't hurt people's feelings... or if you do don't expect sympathy for any consequences you may face as a result. I'm not for jail, personally I'd like to see the old fashioned accountability... the one that comes with knuckles. But since we have moved on from that, i support any accountability that comes along to replace it.
So be all in your feelings about worst case scenarios that have no bearing on the current reality. As of today you can be almost as big a piece of shit as you like. But i promise you, by the time you can't there won't be a single decent person who cares, as we'll be the ones to strip you of that right, as a consequence of your abusing it. Cry all you want, blame anyone but yourself, but that's the way it will go down because that's the way it has always gone down. Eventually pieces of shit get put in their place.
(Heavy use of the universal you in this post, I'm sure you're a great guy.)