> how do you define hate speech
Ira Glasser explains it precisely: "When people say they want to ban hate speech, what they mean is they want to ban speech that they hate ... But if you allowed something called ‘hate speech’ to be banned, then the only important question would be ‘who decides? ... If the government is going to be the one to decide what hate speech to ban, it’s not going to be the same speech as the speech you hate, it’s going to be the speech they hate, ... It all ends up coming down to who decides and most often, it ain’t you' https://reclaimthenet.org/former-aclu-head-ira-glasser-expla...
> and what counts as inciting violence?
This is better explained by the legal scholar Jonathan Turley,
"The reason is that while the crime is not clear, the case law is. In Brandenburg v. Ohio, the Supreme Court ruled in 1969 that even calling for violence is protected under the First Amendment unless there is a threat of “imminent lawless action and is likely to incite or produce such action.”
Trump never called for violence and instead told his followers to go to the Capitol peacefully to “cheer” on those challenging the electoral votes. Such protests at capitals are common and, while reckless, Trump’s speech could as easily be interpreted as a call for protest rather than violence."
https://jonathanturley.org/2021/02/19/want-to-prosecute-trum...