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You can still be forcibly arrested by ZoGbots at anytime for anything you say, whether it's in the street or online. Whether or not your criminal hate speech case makes it all the way through the court system or not doesn't matter. The process is part of the punishment. All it takes is a cop willing to do the paperwork.

Go hold up a sign in any state that reads "I HATE NIGGERS. NIGGERS CAN'T READ THIS." and there's a high probability that some cops will come by to arrest you for inciting violence using hate speech.