This is pure nonesense. There are two ways of offending people. One is inadvertently offending someone and the other is being intentionally offensive like the idiots from Westboro Baptist church and the idiot in question here.
I never set out to offend people, but I've offended a lot of people. I offended one guy simply because I have three Ks in my last name and I was laughing about how that made me the KKK. I was poking fun at myself, and the subject offended his sensitivities. He got pretty angry over the entire incident. I still don't understand how making fun of myself could possibly offend someone else, but I guess there are poeple out there who are looking for something to get offended over.
It's something else altogether to go out and deliberately offend people like the incident in question here, or the woman who so tormented a young girl that the kid committed suicide. There's no way this type of deliberate malicious behavior can be considered protected speech. My rights stop where your nose begins, and vice versa. It's one thing to accidently hit someone in the nose with your elbow when turning around when your hands are held high and you don't know they are standing there, and another thing altogether to deliberately punch them in the nose. Both actions hurt the other person, but only one is considered to be assault.
As to the argument that you can't make it illegal to be an asshole, well, being an asshole is already illegal in many ways. If someone goes out and steals someone else's property they are being a major asshole, and breaking the law. If an asshole goes out and deliberately picks a fight in a bar, he's liable to spend some time in jail. When an asshole goes out and defrauds someone, he's breaking the law. That's just three instances of how being an asshole is illegal. There are many more.
Only assholes steal from others. Only assholes go out and pick fights. Only assholes defraud people. Being an asshole is already illegal.