The difference comes when the person, whether or not incited by hate speech, does more than just talk, but takes the hatred a bit further and commits a criminal act, such as an attack upon a person or a place simply because it is associated with some group the attacker does not tolerate. So hate speech and hate crime are not equivalent and as such hate speech is protected by the constitution.

Can we ban hate speech from our campuses? This is a touchy subject and one which has even gone to the Supreme Court. Late in the 20th Century many schools sought to limit hate speech on the campuses. It was felt that this would prevent a rise in harassment. Speech codes on campuses which have gone to court have not held up well against the First Amendment. In most cases, policies are considered to vague to be enforced....
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