The point is that toleration is a treaty and hate speech is speech which violates the treaty of toleration, merely existing as a queer person is not hate speech, saying christians are all pedophiles and/or pedophile protectors is hate speech. It is the intent of attack against a group of people for mere fact of their existence, “death to all jews”, antisemitism, “stop palestinian genocide”, specific objection to the policies of a government.

We can back and forth hypotheticals forever but the point remains that we all understand what hate speech is and how to quantify it, enough so that it’s more than reasonable to treat “death to all jews” the same being said as it is spray painted on a synagogue. Literally the only worry anyone has about doing this is centrists who don’t have to endure hate speech and don’t live the difference between it and regular speech on a daily basis, who decides?

How about the fucking victims of it? Have trials, get juries involved, let cases play out same as they would any other crime, unless you want to impeach the justice system as a whole, there isn’t something in it that would make a clear sterile description of it more likely to bounce off a jury than any other sterile description of a law which has been broken or judicial precedent which has been invoked or challenged.