One of the principles of interpersonal communication is the fact that interpersonal communication as inescapable. This means that people cannot avoid communicating. What people say and what they do not say is communication. Body language, tone of voice, facial expression, posture, and other elements help convey meaning to what a person is saying. The phrase <em>people judge you by your behavior, not your intent</em>, refers to the fact that what one person says is interpreted in reference to the different cues that surround the text being spoken. Making sure that a person's gestures accompany their words, is one way to ensure the message is clear. Taking into account that people's behaviour defines the meaning of what they say also means that the image that the speaker reflects corresponds to what they say.
No. Logically, yes we can do anything we want to since its a free country... but there will still always be some sort of penalty like for example jail.