You're being downvoted because you're trying to be clever, yet your comment makes absolutely no sense, nor contributes to the conversation. It's literally described in the first amendment and many more state and federal laws. But let's pretend it wasn't, since the definition is vague. It is indeed mostly a social construct. There are still going to be consequences, just not legally. That shouldn't change and people shouldn't expect it to change, otherwise the world will become even more of a shithole than it already is.