Sums up the problem with hate crimes. The action is not necessarily against the law (as we see here, this man is not charged). To decide if the law has been broken, we must look into a man's heart and decide what we see there. Do we see hate? Do we see a sense of humor? Depending on this ephemeral, invisible, intangible data which can only be seen by the discerning eye, we can determine if the man should be prosecuted.
In other words: the law is tool that we use to "get" the people we want to get, and allows us to ignore the people we want to protect.