The very concept of a hate crime is anathema to American democracy.
Hating blacks, asians, Italians, etc.? Legal. Openly writing and advocating for their extermination? Legel. Free speech and all that.
Commit a crime against a minority and the government can prove that you didn't like them? Extra illegal with extra penalties.
Thing is, if a crime carries a greater penalty because you have legally protected beliefs or have engaged in legally protected speech that happens to meet the disapproval of the government it has the effect of criminalizing, or at a minimum chilling, that legally protected speech. If our legal system had any shred of honesty, hate crime laws would have been thrown out as a First Amendment violation the second the government tried to use them.
The very concept of a hate crime is anathema to American democracy.
Hating blacks, asians, Italians, etc.? Legal. Openly writing and advocating for their extermination? Legel. Free speech and all that.
Commit a crime against a minority and the government can prove that you didn't like them? Extra illegal with extra penalties.
Thing is, if a crime carries a greater penalty because you have legally protected beliefs or have engaged in legally protected speech that happens to meet the disapproval of the government it has the effect of criminalizing, or at a minimum chilling, that legally protected speech. If our legal system had any shred of honesty, hate crime laws would have been thrown out as a First Amendment violation the second the government tried to use them.