Under all US law I’m aware of, hate speech can only be criminal as it relates to another criminal offense. There is no crime of hate speech, there is some other crime that is rendered more heinous by the hate speech.

So he would need to be charged for incitement first and then the hate speech would make that charge more extreme.

So for this kind of speech to be criminal, it has to be incitement even without the hate speech element. That is a complex legal test, but usually, you have to be fairly specific to meet it. That is, you have to be inciting a specific crime and a “holy war” is anything but specific.

So no, what he’s saying is awful but it’s definitely protected speech.

Now if he told people at one of his rallies to then and there take up arms and march to the nearest synagogue, that would qualify as incitement and if local statutes applied would definitely have those hate crime add-ons put to it, which would render the crime more heinous and do things like harshen the sentencing guidelines for a conviction. Because that’s how hate crime rules actually work in the US.

Actually knowing how hate crime laws work in the US really deflates a major conservative talking point about thought crimes. Because there is no thought crime statute. There is only a criminal offense and the hate speech statutes change its application but not the fundamental and underlying crime

Unfortunately, you pretty much have to specify a specific time and place for it to be actionable. These guys are very familiar with how those laws work and know exactly how to avoid getting caught by them.

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More like /pol/

The security is heavy, we can’t take down the microphone.

Listen to the victim, abused by the system
The basis is racist, you know that we must face this.
“It can’t happen here”. Oh yeah?
“Take a look around at the cities and the towns.”
See them hunting, creeping, sneaking
Breeding fear and loathing with the lies they’re speaking
The knife, the gun, broken bottle, petrol bomb
There is no future when the past soon come.
And when they come to ethnically cleanse me
Will you speak out? Will you defend me?
Or laugh through a glass eye as they rape our lives
Trampled underfoot by the right on the rise.

Ich Bin Ein Auslander - Pop Will Eat Itself.

You should give a listen to The War on Everyone by Robert Evans, its free in both audiobook and podcast form and is a great look at both the rise and long deep history of fascism/nazis in America
Here’s a link to the SoundCloud

Sadly, there have been Nazi and white supremacist rallies all over the country, often and every year for quite some time. It’s really sad, but that’s the reality.

But I think is more notable recently, and more disturbing, is that they’re getting more press and less pushback from the media rather than being ostracized and ignored as they have been in the past.