But then, why should hate speech be a separate category?
Why not treat it as a threat under criminal code, and prosecute it as such? (That's what I think should be done.) What do you gain by censoring "hate speech"?
No. The judge would decide whether it is a threat or not, and the punishment would correspond to that. If it's not a threat, then what is the problem? (See my other comment in this discussion.)
But that would also be censorship...