The robust English view used to be that the correct response to offensive words is to ignore them, or to answer them with a rebuke. If you invoke the law at all, it should be to protect the one who gives the offence, and not the one who takes it. Now, it seems, it is all the other way round.
Whether it is a garden gnome, the sound of Bing Crosby launching into 'White Christmas', the blinking innocent eyes of Bambi or the words of Patience Strong, the kitsch phenomenon is there as strong and recognisable as your mother's face. You seldom if ever have the question, whether this is kitsch or not. If you think it might be, then it is.