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Legalities

In legal jargon, a hate crime (also known as a "bias-motivated crime") is a criminal act which may or may not be motivated by hate. Those who commit hate crimes target victims because of their perceived membership in a certain social group, usually defined by race, gender, religion, sexual orientation, mental disorder, disability, class, ethnicity, nationality, age, gender identity, or political affiliation. Incidents may involve physical assault, destruction of property, bullying, harassment, verbal abuse or insults, or offensive graffiti or letters (hate mail).

Hate speech is speech perceived to disparage a person or group of people based on their social or ethnic group, such as race, sex, age, ethnicity, nationality, religion, sexual orientation, gender identity, mental disorder, disability, language ability, ideology, social class, occupation, appearance (height, weight, skin color, etc.), mental capacity, and any other distinction that might be considered a liability. The term covers written as well as oral communication and some forms of behaviors in a public setting. It is also sometimes called antilocution and is the first point on Allport's scale which measures prejudice in a society. In many countries, deliberate use of hate speech is a criminal offence prohibited under incitement to hatred legislation. It is often alleged that the criminalization of hate speech is sometimes used to discourage legitimate discussion of negative aspects of voluntary behavior (such as political persuasion, religious adherence and philosophical allegiance). There is also some question as to whether or not hate speech falls under the protection of freedom of speech in some countries.

Both of these classifications have sparked debate, with counter-arguments such as, but not limited to, a difficulty in distinguishing motive and intent for crimes, as well as philosophical debate on the validity of valuing targeted hatred as a greater crime than general misanthropy and contempt for humanity being a potentially equal crime in and of itself.