Hatred and animosity is definitely a form of speech. You're just drawing a line as to what you're allowed to hate. Carrying pictures of aborted fetuses at clinics and screaming at women attempting to get healthcare is arguable in the same vein.
I think that's a cultural difference between us, I would consider none of those things speech. Well, the screaming probably is, but then that's also pure aggression and intimidation and so could still have legal consequences.
The kind of speech that should be protected is the kind that consists of words, viewpoints, arguments.
"The kind of speech that should be protected is the kind that consists of words, viewpoints, arguments."
I understand where you're coming from, but you have to understand that it's still an arbitrary line. Remember that old "First they came for[...]", well, substitute in there "First they came for those shouting non-arguments."
It is an arbitrary line and drawing such line would probably be a risky proposition in US, but it works in Europe because it's a Schelling point. Openly endorsing Nazi Party ideology through symbolism was forbidden immediately after the war for obvious reasons (and I seriously doubt that anyone in the still burning Europe really protested), and those symbols still bring bad memories to people - so the law kind of stuck.
So yes, this sounds like a slippery slope, but in that case Europeans have a Schelling fence on it. See [0] for a more detailed take on the whole topic. For our purposes though, the money quote:
"In the original example with the alien, I cheated by using the phrase "right-thinking people". In reality, figuring out who qualifies to join the Right-Thinking People Club is half the battle, and everyone's likely to have a different opinion on it. So far, the practical solution to the coordination problem, the "only defensible Schelling point", has been to just have everyone agree to defend everyone else without worrying whether they're right-thinking or not, and this is easier than trying to coordinate room for exceptions like Holocaust deniers. Give up on the Holocaust deniers, and no one else can be sure what other Schelling point you've committed to, if any...
...unless they can. In parts of Europe, they've banned Holocaust denial for years and everyone's been totally okay with it. There are also a host of other well-respected exceptions to free speech, like shouting "fire" in a crowded theater. Presumably, these exemptions are protected by tradition, so that they have become new Schelling points there, or are else so obvious that everyone except Holocaust deniers is willing to allow a special Holocaust denial exception without worrying it will impact their own case."
