But "violates criminal law" is a statement about the population's beliefs. We pick what is illegal. It isn't some fundamental thing. In Germany, for example, holocaust denial is literally illegal.
Right, but the criminal law falls outside of purely speech. That's the line drawn at least in the US - you can say whatever you want, but if you start inciting crime, that's a problem.
In Germany, the line is drawn much further back. It doesn't matter if what you say incites crime, the speech in and of itself is illegal.
When the govt starts talking about “speech to foments discord” that’s a hell of a slippery slope.