I think the definition of hate speech is pretty simple: “speech, gesture, conduct, writing, or display that incites violence or prejudicial action against a protected group or individual on the basis of their membership of the group.” That’s Wikipedia’s summarized definition, and I think it’s pretty cut and dry and understandable to many.
Where many people get away with, however, is people hiding behind the “violence” part; a lot of hate speech users would submit that they don’t intend to incite “violence,” which to them almost always means they don’t want people to cause injury or death. My counter to that, however, is that in 2018, what constitutes violence is not so binary.
In 2002, the World Health Organization did a big report on violence and health in the world, and they wrote this as their definition of violence: “the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation.”
That’s a very broad definition, but it’s important to distinguish that violence isn’t always necessarily physical force; the Nazis didn’t start by escorting mass swaths of the Jewish population to the camps, but by first engaging in a massive campaign of disenfranchisement and dehumanization. This frequently included using statistics in bad faith as well as implying that the condition was just lesser, provable through scientific studies, which we now know as quackery. They deprived the Jewish people of their humanity, which helped them justify an attempt at genocide.
Ben Shapiro frequently cites a statistic from a study on Trans folk that almost 40% surveyed have attempted suicide, and spins it as 40% of them do commit suicide, with the caveat being that it’s a mental illness that can’t be helped, and thus shouldn’t be attempted to. He does not cite that the study also went to show that the suicide attempt rate dropped to as low as 25% amongst Trans folks in households where they were openly supported, and in fact disavows that there is any sociopolitical context to the statistic. I would argue that using data in this way, as a person of influence, is definitely something that causes psychological harm, and actively contributes to the maldevelopment of society’s understanding of Trans folk. Therefore, a violent act.
People can make mistakes, and people can change. But I would argue that continued and intentional use of these tactics is akin to violence, and should definitely be construed as hate speech. I agree that an unintentional thing like accidentally misgendering isn’t an outright afront by someone, but that’s not what we’re talking about here.