again he is going to jail for punching someone.
for some reason you don't seem to understand this.
The article doesn't make it clear, but it sounds like this is going on: He is going to jail for punching a guy, but the punching is charged as a hate-crime because of what he said.
The article says "William Boucher, 24, faces four counts of aggravated battery in a public place and five counts of committing a hate crime, according to Cook County court and sheriff’s office records," but fails to state exactly what conduct is alleged on each charge. So there's really no way for one of you to prove they are right 100%. However, a law making naked speech a "hate crime" sounds suspect to me. Maybe in Germany, but I doubt it'd fly under the 1st. And the way hate crime laws usually work is they charge the physical act as a hate crime, but include proof of what people say either during the incident or elsewhere, used to show racial motivation. That way, you aren't punishing naked speech. Your punishing a physical act with special evil intent.
(We do the latter all the time. For example, assault with intent to rape is worse than simple assault. Assault with intent to murder is also worse than simple assault. In either case, there is a particularly evil special intent being punished).
Anyway, I see people copy/pasting general legal definitions applicable generally to multiple jurisdictions. You cannot rely on one of those to say what is and is not accurate in a specific state charge. That's not how legal interpretation works. If you want to be accurate, your first step should be to read the main cases interpreting or applying the statute. LexisNexis and Westlaw do a good job of having those general main cases organized in the notes following each statute, but, of course, you have to pay for access.
From there, you then figure out how to structure your each terms, and you go hunting for cases with facts very similar to the thing you are looking at. Then, and only then, you get to argue about who is right about which cases apply.
Anything else leads you to meaningless hot air.