They are not equally illegal in every state or jurisdiction and they are defined different. We have countless cases of " I'm going to kill you N* Racial slur)" that is not prosecuted as a threat. We have countless cases of "I'm going to kill you B*" as not being counted. That is part of the problem here. Some places still rule that as free speech and it should not be. We need to have the law better define it, and the cops better enforce it. It is not defined thoroughly ENOUGH.As I've said before, they already are illegal.
Law enforcement discretion is an unavoidable fact of having humans enforce laws. You could change law enforcement liability through legislative action by requiring them to enforce restraining orders on pain of 42 U.S. Code § 1983 lawsuits. I would not be opposed to revisiting qualified immunity.
The courts have sorted it out. True threats are illegal. Racist statements are not. Nor does speech need to have much (or any) value to be protected. See Snyder v. Phelps, 562 U.S. 443 (2011).
I've got a few things to take care of, but I will be back in a few hours to respond to any responses
In one state they ruled following a girl and calling her racial slurs was against the fighting words doctrine, another similar incident in another state ruled it wasn't. It should be everywhere. We need to make it so. Not having courts ruling every which way as they please. I am saying that the rulings in which they sided with free speech on racial slurs should be overturned with a new definition to the fighting words doctrine that specifically covers it. Fighting words doctrine is overdue for an amendment.