You're right, if tangible harm is involved, or a specific threat is made, free-speech can't be used as a defense. There is no debate there. But I'm sure you'd agree hating Nazis shouldn't be a crime right? The fact of the matter is hatred or belief in harm is not a bad thing in anyone's mind so long as it is directed at something you consider evil. you're supposed to hate evil.
The reason the US isn't like EU in this regard is that hating tyranny is the cause of its founding. Being able to hate the british's oppressive rule was crucial, being able to organize a rebellion around that hatred is how the US exists. And in current times, being able to hate MAGA and neo-fascism is important.
However, hatred and conspiracy to harm people are different things. Inciting specific harm against anyone is illegal both in the EU and the US today. "you can't yell 'fire' in a crowd" and all.
Let's get a bit more practical, why can't Muslims living in Europe consider anything critical of their prophet is hate-speech? Or laws opposing revenge killings and their treatment of women is hate-speech and religious bigotry? I can assure you to them it feels severely harmful, their passionate response is from a place of hurt and pain. I don't see why any of that is not banned under hate speech laws.
The crucial point here is that the people have a contract with their government such that the government is allowed certain powers. The question here is "can the government police speech that doesn't involve potential and specific harm?". In the US, Islamic imams can preach sermons on Sharia law in promotion of revenge killings and other imams or even other religious leaders can criticize that sermon and preach in its opposition. From what I understand, in the EU, they can't preach that and no one can really criticize them, but their followers still hold that belief with no opportunity to observe the topic debated.
The reason the US isn't like EU in this regard is that hating tyranny is the cause of its founding. Being able to hate the british's oppressive rule was crucial, being able to organize a rebellion around that hatred is how the US exists. And in current times, being able to hate MAGA and neo-fascism is important.
However, hatred and conspiracy to harm people are different things. Inciting specific harm against anyone is illegal both in the EU and the US today. "you can't yell 'fire' in a crowd" and all.
Let's get a bit more practical, why can't Muslims living in Europe consider anything critical of their prophet is hate-speech? Or laws opposing revenge killings and their treatment of women is hate-speech and religious bigotry? I can assure you to them it feels severely harmful, their passionate response is from a place of hurt and pain. I don't see why any of that is not banned under hate speech laws.
The crucial point here is that the people have a contract with their government such that the government is allowed certain powers. The question here is "can the government police speech that doesn't involve potential and specific harm?". In the US, Islamic imams can preach sermons on Sharia law in promotion of revenge killings and other imams or even other religious leaders can criticize that sermon and preach in its opposition. From what I understand, in the EU, they can't preach that and no one can really criticize them, but their followers still hold that belief with no opportunity to observe the topic debated.