That's what the Deputy Procurator Fiscal and the defence were arguing about at Lanark Sheriff Court yesterday when Joseph Kelly's case was heard.
The Fiscal pointed out if Kelly had shouted the things he posted in the street, he would have been arrested for breach of the peace, so posting them online was no different.
Whereas Kelly's Lawyer said the post on Twitter was unpleasant and unsavoury but not 'Grossly Offensive'
It makes you wonder what he would regard as offensive.
Kelly made the post the day after Sir Tom died last year.
The Sheriff agreed with the Fiscal and found Kelly guilty and Kelly now faces six months in jail or a five thousand pound fine or both.
He gets sentenced in March and most people convicted under the same offence have usually been jailed for between six and ten weeks.
Sean Clerkin is burning a 'Butchers Rag' today at Glasgow Green to commemorate the Glencoe Massacre that took place 330 years ago today.
"We in action for Scotland and the Scottish resistance will commemorate the massacre of women, children and men at Glencoe by the British Crown in 1692 at The People's Palace in Glasgow on the 13/02/22 at 2:15 pm"
Small problem there.. the massacre happened before the act of union, it was the Scots themselves what done it!!