“this is why we must choose which is more important: the lives and safety of these trans people, or the comfort and “freedom” of people who want to see them eradicated”
This is a strawman and a false dichotomy. Legislation restricting speech is overreaching and dangerous to a free society. I, and many others, do not trust the government with that kind of power. Today, it’s trans people, tomorrow it’s soldiers and police and politicians suddenly beyond critique, on pain of government punishment. Anyone can become a “protected class” when it’s convenient to the ones writing the rules.
Yes, it should be social only. If that society sees the speech as unacceptable, they’ll react accordingly. If not, they won’t. Society is capable of handling itself, even if it sometimes makes choices we don’t personally agree with.
There is no scenario where giving the government further power into the lives of citizens a good idea. Every time we’ve tried that, things have only gotten worse. The PATRIOT ACT all but demolished the 4th amendment. Something like this would be similar for the 1st.