As it ALWAYS seems to be the case, it is in the Definitions . . .

in other words, ya have to be using the right definitions before you can understand the ideas (and discuss them intelligently).

Ok. Let's start here:


hate speech

NOUN:
Bigoted speech attacking or disparaging a social or ethnic group or a member of such a group.

http://www.bartleby.com/61/26/H0082675.html


And let us compare that to this:


insult

SYLLABICATION: in·sult


VERB: Inflected forms: in·sult·ed, in·sult·ing, in·sults

TRANSITIVE VERB: 1a. To treat with gross insensitivity, insolence, or contemptuous rudeness. See synonyms at offend. b. To affront or demean: an absurd speech that insulted the intelligence of the audience. 2. Obsolete To make an attack on.

INTRANSITIVE VERB: Archaic 1. To behave arrogantly. 2. To give offense; offend: a speech that was intended to insult.

NOUN: (nslt)1. An offensive action or remark. 2a. Medicine A bodily injury, irritation, or trauma. b. Something that causes bodily injury, irritation, or trauma: “the middle of the Bronx, buffeted and poisoned by the worst environmental insults that urban America can dish out” (William K. Stevens, New York Times November 12, 1991).

ETYMOLOGY: French insulter, from Old French, to assault, from Latin nsultre, to leap at, insult, frequentative of nsilre, to leap upon : in-, on; see in–2 + salre, to leap; see sel- in Appendix I.

OTHER FORMS:

in·sulter —NOUN
in·sulting·ly —ADVERB

http://www.bartleby.com/61/38/I0173800.html


And lastly, (as I can get too complicated too fast while doing one of these definitional tutorals):



opinion

SYLLABICATION: o·pin·ion


NOUN: 1. A belief or conclusion held with confidence but not substantiated by positive knowledge or proof: “The world is not run by thought, nor by imagination, but by opinion” (Elizabeth Drew). 2. A judgment based on special knowledge and given by an expert: a medical opinion. 3. A judgment or estimation of the merit of a person or thing: has a low opinion of braggarts. 4. The prevailing view: public opinion. 5. Law A formal statement by a court or other adjudicative body of the legal reasons and principles for the conclusions of the court.

ETYMOLOGY: Middle English, from Old French, from Latin opni, opnin-, from opnr, to think.


http://www.bartleby.com/61/65/O0096500.html


Now comes the discussion.


Opinions are not necessarilly insults or hate speech, but they can be, additionally, one, the other, or both.

Insults generally have an opinion in their origins, however those opinions are naturally negative (if not baseless, hateful or just nastiness).

NOTA! All insults are generally hateful, but they are not necessarilly "Hate Speech."

Why?

Go back and look at the definition. "Hate Speech" is a very very very specific thing.

So, if you call either GW Bush or Ted Kennedy an idiot, you are, at the same time, expressing an opinion and making an insult. In other words, don't believe for one damn second you can skip liability for the insult, merely because it is based on your opinion. When did you become LORD GOD, Master of Reality in this Universe? If you ain't the Master of Reality, the mere fact your puny weak mind has formed an opinion DOES NOT mean that opinion has any close relationship to Objective Reality.

I hope that part is clear. Now to the last part of the discussion.

Hate speech, as mentioned above, is a particular form of hate flavored communication.

So if you say that one person is an idiot, you are being insulting, but you are not likely engaging in what is, by definition, actual hate speech . . . unless the insult is so wedded to that person being a member of some particular social and or ethnic group that your insult can be viewed to be against that person for merely being a member of that group.

(Sorry that did not flow well, I admit.)

So if you call George an idiot because you think lowly of his intelligence you are attacking him for being HIM (based on your opinion of the worth of him as being HIM.) However if you call George an idiot

Jew/Muslim/Hindu/Polack/Frenchman/Canadian/nappy-headed ho,

you have crossed over to the land of hate speech, whether you wanted to or not. That is the funny (not ha ha funny, but strange funny) thing about hate speech. Intent, while not totally irrelevant, is not really all that important. The mere fact you are that insensitive, and thoughtless (plus saying the wrong damn thing) is enough to get you in the shit.

Oh . . . one last thing. There is the (more obvious) broad categorical examples of pure hate speech, like saying that all (or merely inferring all) members of a social/ethnic group are (fill in your evidence of hateful thought here.)

For example, running around saying things like all (or even if the word all is not specifically used, but only inferred you mean all)

Muslims/Jews/Catholics/college graduates/college dropouts/never-even applied to college/ NASCAR fans/blacks/Mexicans/Arabs/
Commies/Socialists/Gays/Straights/ evoloutionists/antievolutionists/
liberals/conservatives/democrats/republicans,

WHAT EVERS . .

are idiots, is classic pure hate speech.

(I keep returning to this topic in this life if mine, as the work never seems to go away.)