There’s a big difference between hate speech and revenge porn.

A person has rights to their likeness and image. That’s why anybody who goes in front of a camera, be it a porn star or a model or an actor, signs a ‘model release’ giving the photographer authorization to publicize and sell their images. Without that simple one page contract, nothing in the photo shoot can be published. Porn actors do that. And in fact, they usually do it on video, where the actor holds up their driver’s license and says ‘my name is blah blah I am a pornographic actor and I am consenting to have sex on camera today and authorize this production company to publicize and sell the resulting video’ or something like that. Revenge porn victims have made no such agreement, and while the penalties are stronger because of the harm it causes them, the legal basis for having any penalty at all is simply that they did not consent to having their likeness and image publicized.

Hate speech has no such issue. It may be harmful to a person or group, but if you remove the very broad ‘hatred’ label, it becomes just an opinion that would otherwise be protected speech.

The other problem is that what considers hatred is very much subjective. For example, if I say wanting to own a gun is evidence of mental illness, a lot of people on Lemmy will agree with that and I will probably get upvotes. If I say wanting to use the bathroom of other than your biological genetic sex is evidence of mental illness, I will probably get banned. What is the difference between the two? Supporting LGBT rights is popular, supporting the second amendment is not. So you create the situation where the only difference between a valid opinion and an invalid one is whether or not it’s accepted mainstream, and that’s a bad way to go.

Also, in a free country, it is generally considered that expressing an opinion which may be detrimental to others is not in itself considered bad. If I say that people over 80 years old should require a yearly driving test, that’s a valid position for me to have and nobody will call me ageist for saying it. If I say that Donald Trump should be arrested rather than elected, that is directly detrimental to a person but it would get me upvotes here. If I said that being Republican is evidence of mental illness, that is directly prejudicial against an entire group which has many different reasons for believing as they do, and it would probably get me upvotes also.

My point is, hate speech as a concept is difficult to define and when you try to ban it with censorship you are just starting down a slippery slope that will have the opposite of the desired effect. You legitimize the counterculture and do nothing to stop the real problem, the actual hatred.