My understanding of legal arguments makes me think this assertion won't impress the judge. But of course in California, there is a very good chance you will get a Liberal Judge, and they will make a "hate speech" exception to the California law.
Nowadays the law means what judges want it to mean.
The way the laws are written definitely favor the employer, even in states like California. It is not easy to make your case against your employer, especially if they say you were fired for being a Nazi or white supremacist.