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Whenever you're quoting Jacobellis v. Ohio you've already lost, because Potter Stewart's "I know it when I see it" was tossed by the Supreme Court a mere seven years later as being uselessly vague. It's extremely disingenuous for Shermer to treat the dialog between Grzanka and Walsh as anything other than "someone weaponizing language" and "someone talking to someone he knows is weaponizing language." However, squeezing a tortured scientific definition out of a culture war is kind of what old intellectuals do to prove they're ready to be ignored.