My opinion-
Hate Crime-Any crime violating a person's civil or natural rights primarily motivated by an ideology that classifies a person as sub-human based on any element of their identity or anatomy.
Hate Speech-Any speech that is blatantly derogatory against any group of people based on any element of identity or anatomy voiced with the express purpose to denigrate, incite panic, or incite criminal activity against other persons. By this definition, hate speech is not protected by the first amendment.
The legal test of a hate crime or hate speech is the same as the ultimate test for pornography-I know it when I see it.
I too think that "Hate Crime" is a very stupid concept, for reasons people (like Rob) have pointed out. If you beat the sh*t out of a person, hang them, run them over or burn them out of anger (for any reason) it's pretty clear that you hate them. The end result is the same.
Also, I probably use what most people ( PC crybabies) would call "Hate Speech" everyday." Freedom of speech" indeed has it's limits.