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Such political criticism can hardly be placed under the same umbrella as true threats of violence. Yet this is precisely what many bias reporting systems do. Schools largely define bias incidents to encompass more than hate crimes or actionable conduct. Hate crimes—criminal conduct undertaken on the basis of a protected characteristic of the victim, which is not protected by the First Amendment 40 —are always bias incidents. “Bias incidents,” however, include speech or expressive conduct that is not necessarily criminal or in violation of applicable policy.