Let today be the first day of a new American Revolution - a Digital Revolution, a revolution built not on blood and conflict, but on language and rea… - Mike Godwin

Leaving aside the issue of whether the comments about Arata and Branham were grounded in hostility toward their gender (rather than hostility toward them as individuals), it seemed clear that what the OCR wants to ban here is not "written conduct" but speech. By classifying it as "conduct," the OCR hoped to bypass the First Amendment's protections.

What adds to the uncertainty, Hansen said, is that the "defenses" provided by the statute—that is, the things you have to do to avoid criminal liability—are defined in terms of whatever filtering or screening technologies happen to be available at any given moment [...] use of "reasonable and effective measures under current technology". As a result, Hansen said, the defenses will change every time the technology changes.

The remedy for the abuse of free speech is more speech.