There is no statute under which he could be convicted.
We have had some civil cases where some Klansmen have been held civily liable for damages after hate speech. However, this is actually a reverse situation. The violence was not directed at Muslims because of the pastors actions. If the pastor would have included speech directing violence against Muslims, and it was Muslims who were the victims, then he might indeed be held liable. As it is, I do not know. I know of no case where unrelated victims have sued because of such a situation. I do not think it will work. There simply is not a direct enough of a connection.
I was looking for an American counterpart to our laws on public disorder and came across this where it refers to conduct albeit I am not certain whether it is the proper authority in this case:-
uscode.house.gov/download/pls/18C102.txt
*"-CITE-
18 USC Sec. 2101 02/01/2010
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 102 - RIOTS
-HEAD-
Sec. 2101. Riots
-STATUTE-
(a) Whoever travels in interstate or foreign commerce or uses any
facility of interstate or foreign commerce, including, but not
limited to, the mail, telegraph, telephone, radio, or television,
with intent -
(1) to incite a riot; or
(2) to organize, promote, encourage, participate in, or carry
on a riot; or
(3) to commit any act of violence in furtherance of a riot; or
(4) to aid or abet any person in inciting or participating in
or carrying on a riot or committing any act of violence in
furtherance of a riot;
Code:
and who either during the course of any such travel or use or
thereafter performs or attempts to perform any other overt act for
any purpose specified in subparagraph (A), (B), (C), or (D) of this
paragraph - (!1)
Shall be fined under this title, or imprisoned not more than five
years, or both..."*
I am glad England has it’s hate speech laws. I think in my lifetime it will be seen how this type of legislation affects free religious expression. We have already seen in Canada hate speech laws being used against Christians by homosexuals who are offended by God’s moral law. Perhaps other countries can serve as the canary in the coal mine for us.
Our anti-hatred legislation is straightforward where there is clear evidence of incitement to hatred i.e. violence. However, it has also resulted in a few problems with frivolous lawsuits because of the way legislation on public disorder was drafted. Currently, Section 5 of our Public Order Act states: “…(1) *A person is guilty of an offence if he:
(a) uses threatening, abusive or **insulting **words or behaviour, or disorderly behaviour, or *…”. Our most recent case on religious expression was that of Dale McAlpine.
news.bbc.co.uk/1/hi/england/cumbria/8687395.stm On the basis of his experience, Mr McAlpine has submitted a memo for an amendment to section 5 of the 1986 Public Order Act timed with current consultation on Protection of Freedoms Bill in Parliament
publications.parliament.uk/pa/cm201011/cmpublic/protection/memo/pf12.htm
So, we sit and wait. In the meantime, the freedom of religious expression remains protected under other legislation. Unfortunately, there are individuals who think otherwise.
The university professor from Minnesota comes to mind with the analogy on the desecration of the Holy Eucharist. Remember him? That violence is not a Catholic trait surely went a long way against due harm to his person.