Lashon hara is forbidden to be spoken about any Jew who is in a category of a regular Jew. However, if a person is in a category of a rasha, a wicked person, then they are, again, no longer in a category of a regular Jew and the prohibitions of speaking lashon hara doesn’t apply to them.
What puts a person into the category of being a rasha? If they violate any fully known and fully accepted issur, prohibition, in the Torah willingly and regularly. So, explains the Chafetz Chaim, what that means is if they drive on Shabbos knowingly, and willingly, if they eat treif food; any issur that’s fully known and fully recognized by any member of the Jewish nation as being prohibited, if they regularly, willfully, violate that they are no longer in the category of עמיתך, they are no longer in the category of your nation, and therefore the regular mitzvos of lashon hara and et cetera do not apply to them.
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