If no crime is comitted I'm fairly sure it's not a hate crime. We have that freedom of speech that allows for whatever you'd like to say, so there's a limbo you can walk in between verbal abuse/harassment and just talking.

Once they've gotten to the level of harassment, though, then it is technically a hate crime.

If you're talking about foreign muslims, say Iran or somewhere, we can't really enforce that because the UN doesn't cover hate crimes. The United Nations really only takes up relief services, like famine prevention and environmental concerns. Over there they're allowed to say what they want too, but mostly only if it agrees with the popular mindset of the time. Even in Iran, though, there has been some movement towards freedom of speech.

Back to hate crimes, an American muslim who has comitted hate crimes against Americans would get no protection simply because he has targeted his own group.
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