"EVERY hate-crime law is fascist and should be struck from the books."
I agree 100%. The First Amendment stands for the proposition that the government can't dictate which viewpoints are correct and which viewpoints are verboten, and hate-crime laws are certainly not viewpoint neutral (if you beat a gay Republican because he's a Republican, you get 10 years in prison, but if you beat the same gay Republican because he's gay, you get 30 years in prison). I've never understood why Scalia shied away from the First-Amendment principles he so eloquently espoused in his majority opinion in RAV v. City of St. Paul when hate-crime-law cases reached the Court.