You are really trying to create a conflict that is just not present . Notice how you won ' t answer my questions and will only address pieces of what I say , which eliminates the context and likely , the intended meaning . Do you have an agenda or preconceived notion of who I am just because I happened to have taken one side in a potential debateworthy topic ? We have yet to see a worthy definition or litmus test come from the best legal minds in the country . What makes you think I can define them . This is exactly why I ' ve been critical of your ignorance of this . A legal test creates a net that hopefully captures everything it intends to and nothing that it doesn ' t Type I and Type II errors . Past examples where terrorist act or hate crime could have or maybe should have been applied , but weren ' t , has created contradictory case precedence to call any action just about anything you want . As a result , the definitions essentially have no meaning , which goes back to what I was saying . If I could write the definition or test , I ' d be teaching at Harvard Law School .