Everyone has the right to be wrong
A civil society only advances as a result of the contributions of its minorities. The majority group tends to act in a conservative way - not to rock the boat-and not to upset the status quo. If you have a tool that can change the behavior of the majority, then you have overcome one of the major sociological barriers to creating tolerance and respect in a civil society. Someone who does not belong to any minority whatsoever will always have trouble understanding a hate crime. Protecting a minority brings diversity of thought and creativity to problem solving situations of all kinds.
If you wait until someone incites someone to kill, then you are no longer dealing with a hate crime - that is accessory to murder.
Hate crime legislation acts as a prevention on the next level, which is a more serious crime, where people undisputably get hurt. The idea is prevention. Why wait until someone gets physically hurt?
Everyone has the right to be wrong. They can be wrong in public. They just don't have the right to impose on others.
BB,
Munich