Any incitement of violence is against the law. I think “preaching hate” is less clear as that’s so subjective.
Is a TRA calling a gender critical person “transphobic “ hate speech or their belief and under freedom of speech? Is a gender critical person calling a Transwoman a “man “ hate speech or biological fact?
Theres a lot of gender critical people on here who have defended Herbert’s right to make the comments he made about Widdecombe. Until it’s clearer which comments he’s in trouble for it’s hard to say much more. It does however look like he’s previously made comments which are much more clearly incitement of violence.