rationale behind hate crimes

[Wojtek Sokolowski]

At 04:15 PM 1/11/01 +0000, Justin wrote:
>Advocacy of illegal conduct can only be prohibited, consistewntly with the 
>first amendment, if the harm is immanent. "Kill that kike!" (addressed to an 
>angry mob) is punishable. "All the kike should be killed!" (in a leaflet) is 
>not. See Brandenburg v. Ohio, a 1966 S.Ct case. --jks

So it follows that the concept of "hate crime" is simply irrelevant in this
area, no?  Charles also argued that it is irrelevant for the punishment of
actual crimes, since say a murder can fetch a death sentence if it is
"premeditated" - which includes but is not limited to hatred.  It thus
follows that the "hate crime" laws are but feel-good measures whose effect
on "hate crime" is next to none, no?

wojtek