Some people's health can be hurt by being offended or upset. Seeing a fearsome film can cause a person to have a heart attack. Some people can even be traumatised - for example, there are instances of people being seriously, heavily psychologically traumatized after watching the Texas Chainsaw Massacre.
And yet we do not ban that.
Check out the tort of intentional infliction of emotional distress, mentioned earlier in the thread.
IIED requires (reaching way, way back here...and googling
)
1) Outrageous conduct
2) Either the intent to cause emotional distress in the subject (not the general public) or a reckless disregard of the probability of causing emotional distress
3) Emotional distress
4) That the emotional distress was actually and proximately caused by the outrageous conduct
In other words, it's not about a right to not be offended, but a right to not be intentionally hurt, and the recognition that hurt doesn't result exclusively from physical contact.