All charges would have to be brought on something a actually taking place
You mean like being an alleged racist like the lib was accused of. Where exactly is that in the criminal statute?
I dont believe there is a code against racism. If you commit an act against someone, that would be actionable. I could hate, or be biased as could be, but if I comport myself in a manner not violating someone elses rights, I should okay. Thought is not crime.
Apologies if Im not exactly getting your point.