Is was this that got me believing it is intentional. Yes, if you were pointing out issues with a person in a constructive manner, that would be acceptable still to a point.
You are correct but only correct up to a certain point in the law where you cannot hurt another person's feelings all you want. It divulges into other categories which is what I'm trying to explain to you.
If by what you are saying that you can hurt my feelings every day. If by what you said, then the dismissing bullying laws completely. I can be an idiot. You can point that out. You are not being wrong. You however are hurting the feelings of that individual. That becomes bullying.
It also divulges into many case laws which have higher penalties when doing so against a minor. Yea, you can hurt the feelings of a person here and there but all you want no.
By the way:
Smith Vs. California - from what I read is in regards to a book. That is not what is being discussed.