Hate speech is just the speech that the majority has determined that they don't want to hear, and clearly, in some countries, are willing to exercise state violence upon those who commit it.

The problem with making speech legal or illegal based on popular opinion of it, is that one IS perfectly capable of engaging in hate speech without choosing to do so. What happens when what I said online two years ago becomes hate speech tomorrow? Do I need to make sure I go scrub all of my past speech before anyone finds out and sends me to jail?

Furthermore, one "chooses" their future course, and whether they want to self-identify with one group more than another. To claim otherwise is to deny any semblance of free will. I know many people who choose to identify with the gay community that aren't gay, and many who choose to NOT identify with the gay community who are gay.

False equivalency rains down wonderfully on the head of a man imprisoned for speaking his mind. You can tell him all day how he chose to be in jail.