I am a huge fan, ok, an obsessive fan of almost all comedy, from 1950s radio thru to people like Frankie Boyle, Jimmy Carr and many others. (I don't really 'get' silent comedy, even tho I understand there's a lot of skill and talent on display, it just doesn't really work for me.)
The above Joe brings up the issue of doing this kinda material at a disability gig, but Jimmy Carr was doing a benefit gig for wounded soldiers, and made the comment, based on the number of amputees in the audience that 'say what you like about the war, but we'll have a great paralympic team next time around.'
That line got so much media coverage for being offensive to 'our troops', yet the audience loved it, comedy actually including them and crafted specially for them, instead of being the usual show trawled out every night. I think the main problem seems to be that Boyle was doing lazy, schoolyard humour about Down's Syndrome kids, and if you're not being funny, then you're being offensive. My rule is that if you laughed, you've just ruled yourself out of being allowed to complain.
Now to me, Frankie Boyle and all stand up comedians have the right to say pretty much what the hell they like, when it's their stand up show, and people have paid to obtain tickets to choose to see him. My only real problem with the whole thing is that he handled the audience moment extremely badly. From what I can see she probably made a mistake going into a front row, knowing that she had a ***** in her emotional armour that could have come up, just as I avoid front row seats in stand up shows, because I've got a few reasons I'd be an easy target.
If she hadn't been in his eyeline, she could have chosen to leave and demand a refund after he crossed her 'line', although I also see that while I defend his right to do that material, he really should have had something planned for if he was called out on it. The way he dealt with a difficult situation seemed horribly unprofessional and I expect it cost him some fans.
However, one comedian I hugely respect who most people will not have heard of, is Jerry Sadowitz, who makes Frankie Boyle look like Macintyre on an afternoon talk show doing his safest stuff. He does the harshest material I've ever heard, has tiny audiences, never gets on radio or TV, but accepts that and won't change just to get a cushy slot on Saturday nights and some voiceover work selling mobile phones.
In the end, everyone has the right to say what they like, and everyone else has the right to judge them on those words. It's partly why I, along with many comedians, was totally against the law to ban relgious hatred, because it was so overpowered, and really, I think, always need are the current laws.
If I say 'Go and kill some muslims', it's no different to 'go and kill some librarians', its a death threat and illegal, you don't need extra laws to protect particular groups, especially if those groups go out of their way to make themselves targets, but that's for another thread.
TL;DR version:
If it's funny, it's not offensive, by the sound of it, the material was lazy and not funny enough to counter the offensive nature, therefore he loses this round. However, I've heard him go far further, but because there was good material, it passes.
It was rumoured he fell out with Russell Howard because he said that if Russell ever quits comedy he can don a bloodstained romper suit and go on stage as a Baby P tribute act.
To me DS jokes WOULD be far less offensive than that, if they'd been well crafted, but it sounds like he recycled a bunch of old Joey Deacon stuff from the 80s and got burned.