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Originally posted by Statikk HDM
If i went off and said a whole bunch of things about the jews and indians that weren't ahem, nice, would that be a hate crime? Say I went into a campus on speech nite and said, "Goddamn raghead muslims. Torpedo them to hell" I know that wouldn't get me friends but could I go to jail for that?
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The only way speech can be a crime is if the speech is designed to incite unlawful action like a riot or some other kind of violence.
So, yes, if you tried to stir up a bunch of people to commit violence against a certain class of people, it could be a crime, and it could be a hate crime depending on the law of the state and the character of the class towards which the incitement was directed.
However, if you just stand up and say "I bleeping hate those bleeping [insert unfairly targeted minority of your choice here]; they suck because x, y, and z," it's not a crime. Unless you go far enough so that your speech could be construed as incitement to act.
It's a difficult standard to meet. If there's the least bit of theoretical spin on it such that the speech can be construed as suggesting persecution in the abstract (Example: "
One might say that the best thing for this country would be for [unfairly targeted minority] to get their asses kicked up, down, and sideways"), it's protected by the First Amendment (in the US, of course).