The U.S. Supreme Court,in RAV v City of St. Paul, held that "hate speech," standing alone, may not be made a crime because to do so would violate the 1st Amendment. What has been upheld are "hate crime" laws, which increase the penalty for something which is already a crime (assault, vandalism, murder) if done with a bias-related motive. I'm not a big fan of "hate crime" laws, but they are nothing like what this Canadian court upheld.