Many people view hate speech and hate crime as one in the same. I’d like to explain how by law, hate speech and hate crime are considered two separate categories and how they are handled by the FBI.
Hate when used in hate crime law, does not mean rage, anger, or dislike. No matter how offensive to some, the FBI is keenly aware that expressing views is not a crime by itself and that the protections afforded under the Constitution cannot be compromised. Non-threatening hate conduct is protected by the First Amendment and the FBI does not investigate that conduct.
True threats, however, are NOT protected under the First Amendment. The Supreme Court has explained that “true threats” are statements meant to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals. A comment is NOT a true threat if it’s merely political hyperbole, threatens financial or emotional harm (rather than physical harm), or it’s just offensive (not matter how offensive it may be).
A hate crime is more than offensive speech or conduct. The FBI defines a hate crime as a “criminal offense (such as vandalism, arson, assault or murder) against a person or property motivated in whole or in part by an offender’s bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.” The FBI will conduct hate crime investigations when credible allegations exist of a federal statue violation, we must gather facts on two parts: the crime and proving the motivation for committing the crime was based on bias.
Of course, racial, antisemitic, or anti-LGBTQ slurs-or other speech that vilifies a targeted group- can be used as evidence in a hate crime when used by someone during the criminal act. The hate speech will show the motivation or bias towards the victim based on the victim’s federally protected status. This motivation is important as proof of the offender’s bias.
It’s important to point out that once the FBI gathers all the facts about the alleged hate crime and it’s determined the suspect violated one of the federal hate crime statues, the FBI will then present the findings of the investigation to the Department of Justice’s Civil Rights Division in Washington DC. DOJ, consisting of federal prosecutors, will then make the determination about whether the suspect will be prosecuted or charged with a hate crime.
Hate crimes are not only an attack on the victim, but they also threaten and intimidate an entire community. Because of their wide-ranging impact, investigating hate crimes is a high priority for the FBI. Many hate crimes are not reported to law enforcement. Many people don’t want to report it or feel it won’t be taken seriously. We want to help, but we need to hear from you. If you believe you are a victim of a hate crime or a witness to a hate crime, contact your local FBI Office (FBI El Paso at 915-832-5000) or go to tips.fbi.gov.
Jeffrey R. Downey
Special Agent in Charge, FBI El Paso


With El Paso so close to the Mexican border and Mexico in the throws of revolutionary struggle during the early 1900s, southwest Texas became a key focus of the Bureau soon after its founding in 1908. As the FBI heads into its second century, the El Paso Division remains committed to protecting the people and defending the nation while upholding the rule of law and the civil liberties of all.