Should calling someone a "rasist" qualify as hate speach?

As far as I'm concerned anyone who said yes to this is anti first amendment. Plus the fact "hate speech" is a completely BS term.

 

We don't punish hate speech and we are not creating 'thoughtcrime'. There has to be proof of criminal conduct, a criminal act as the basis for a charge. When legislators decided that specific crimes require a showing of criminal intent or knowledge and juries began to expect the state to offer a plausible motive for the accused to commit a crime, all these answers oblige counsel to try to reach into the accused acts, or statements to find evidence of intent and motive. We don't just want to know if a witness tells a falsehood, we want to know if he knowingly tells lies, or if he has the intent to deceive. Half of the exceptions to the hearsay rule, are exceptions because a specific statement either reflects a state of mind, or provides evidence of a state of mind.

In short there is nothing remotely new about using what the defendant says, to determine whether a crime was committed, the exact nature of a crime, or the motive behind a crime. There is nothing new about deciding that what the defendant says, is relevant and pertinent in sentencing. There are several aggravating factors in sentencing on the books where what the defendant says either before or during or after the crime can be admitted as evidence, to enhance sentencing besides hate crime status.

 

When a racist calls another racist a "racist" does that qualify as love speech?

 

You sound very defensive, of course we all know if you removed "racist" from the liberal vocabulary, they would have very little left to say....

 

So your rational is to protect the liberal practice of denying civil rights today by equating them to the civil rights abuses of 60-80 years ago? And I suppose you call yourself "progressive".

 

I thought this was a serious discussion not a partisan one. We were getting farther by not stereotyping each other with political labels. Do you want to include as another classification to civil rights and hate crime laws political ideology, or party or candidate affiliation so that an attack on Trump supporters for being Trump supporters, is treated as a hate crime? Obviously you can't decide to enhance the criminal penalty if republicans or conservatives as a class are targeted for hate, and leave the penalty the same if progressives are. Is it your plan to replace race, religious affiliation and sexual orientation in hate crime legislation with just political ideology, or party or candidate affiliation?

 

I believe all enhancements for so called hate crimes should be eliminated. Crime is crime. But if you are going to have enhancements for hate motivated crime then that should apply to all hate motivated crime and not just special classes.