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What a simplistic, destructive take.
Nuance exists in this world. In a free society, a distinction needs to be made between real, credible threats and simple hyperbole.
Also, "hate speech" is a real term, and it doesn't mean 'saying you hate someone.'
One time long ago, a guy on the train (whether tweaking or mental issues, I don't know) sat down across from me, which was probably the most spacious spot in a fairly busy train. I didn't register any unusual behaviour, nor was I - white male teen, at the time - particularly concerned.
He suddenly leaned in and asked me what I'd do if he killed me. Die, obviously. He then followed up telling me he could punch me in the face. He did neither of these things, eventually got off the train, and I never saw him again. The incident obviously left an impression, but I wouldn't say I am or was traumatised by it.
I think this exemplifies that difficult grey zone. I don't think it was motivated by hate, given I'm a fairly "safe" demographic. I also didn't take him for the type of bully that does it for the power fantasy, or the type of macho needing to establish superiority.
Was it a threat or just a rather unhinged musing on social restraints? Was there actual intent to hurt me, kept in check by some lucky circumstances, or was it just a brief outburst of intrusive thoughts? I did feel threatened and intimidated, but is what I felt enough to judge his actions?
Regardless of the legal question, he probably needed help - medical or social - rather than punishment. I'm not qualified to assess that, but that question has bounced around my head ever since. What led to this outburst? What could be done to prevent that? What could be done to help him?
It's not strictly relevant to the legal question - his actions are his own to account for, though his mental state may be a mitigating factor - but I figured I'd add it as context because I think it's worth considering.