You can call it a strawman but doing something evil if its killing folks or raping folks the effect should be the same when discussing non actual and actual. You can say this thing is a special case but when it comes to freedom of speech, which is anything that is not based in actual events. writing, speaking, thinking, art. Special circumstances becomes a real slippery slope (which can also be brought up as a fallacy which like all "fallacies" depend a lot on what else backs them up on how they are being presented)