I can yell at the top of my lungs that I hate someone or disagree with someone...that's free speech

 

I yell at the top of my lungs, there he is go get him and kill him...that's inciting a riot

 

Not really subjective

But both are subjective.

 

From a law perspective, they are separate issues. You can incite a riot and not use hate speech. You can also use hate speech and not incite a riot. What amounts to either is in the eye of the judge listening to the cases, or the jury.