The findings of the legislature for malicious harassment are below. The actual text of the law is at the hyperlink that follows
The Revised Code of Washington (RCW)
RCW 9A.36.078
Malicious harassment—Finding.
The legislature finds that crimes and threats against persons because of their race, color, religion, ancestry,
national origin, gender, sexual orientation, or mental, physical, or sensory handicaps are serious and increasing. The legislature also finds that crimes and threats are often directed against interracial couples and their children or couples of mixed religions, colors, ancestries, or national origins because of bias and bigotry against the race, color, religion, ancestry, or national origin of one person in the couple or family. The legislature finds that the state interest in preventing crimes and threats motivated by bigotry and bias goes beyond the state interest in preventing other felonies or misdemeanors such as criminal trespass, malicious mischief, assault, or other crimes that are not motivated by hatred, bigotry, and bias, and that prosecution of those other crimes inadequately protects citizens from crimes and threats motivated by bigotry and bias. Therefore, the legislature finds that protection of those citizens from threats of harm due to bias and bigotry is a compelling state interest.
The legislature also finds that in many cases, certain discrete words or symbols are used to threaten the victims. Those discrete words or symbols have historically or traditionally been used to connote hatred or threats towards members of the class of which the victim or a member of the victim's family or household is a member. In particular, the legislature finds that cross burnings historically and traditionally have been used to threaten, terrorize, intimidate, and harass African Americans and their families. Cross burnings often preceded lynchings, murders, burning of homes, and other acts of terror. Further, Nazi swastikas historically and traditionally have been used to threaten, terrorize, intimidate, and harass Jewish people and their families. Swastikas symbolize the massive destruction of the Jewish population, commonly known as the holocaust. Therefore, the legislature finds that any person who burns or attempts to burn a cross or displays a swastika on the property of the victim or burns a cross or displays a swastika as part of a series of acts directed towards a particular person, the person's family or household members, or a particular group, knows or reasonably should know that the cross burning or swastika may create a reasonable fear of harm in the mind of the person, the person's family and household members, or the group.
The legislature also finds that a hate crime committed against a victim because of the victim's gender may be identified in the same manner that a hate crime committed against a victim of another protected group is identified. Affirmative indications of hatred towards gender as a class is the predominant factor to consider. Other factors to consider include the perpetrator's use of language, slurs, or symbols expressing hatred towards the victim's gender as a class; the severity of the attack including mutilation of the victim's sexual organs; a history of similar attacks against victims of the same gender by the perpetrator or a history of similar incidents in the same area; a lack of provocation; an absence of any other apparent motivation; and common sense.
RCW 9A.36.080
Malicious harassment—Definition and criminal penalty.
(1) A person is guilty of malicious harassment if he or she maliciously and
intentionally commits one of the following acts because of his or her perception of the victim's race, color, religion, ancestry,
national origin, gender, sexual orientation, or mental, physical, or sensory handicap:
(a) Causes physical injury to the victim or another person;
(b) Causes physical damage to or destruction of the property of the victim or another person; or
(c)
Threatens a specific person or group of persons and
places that person, or members of the specific group of persons,
in reasonable fear of harm to person or property.
government interferring with one's freedom of speech but the courts have ruled that this extends to state actors as well. This guy is not "the government" or acting as an agent of any government agency, he was just an intoxicated and obnoxious bigot, however because his inital behavior was so irrational (who in the hell goes off because they're offended by a non-vulgar or obsence item of clothing) I can't fault the lady in the video for being concerned and wanting the officer to intervene if he was getting closer to her than she wanted and wouldn't cease his behavior towards her. The following is link for an article by the ACLU which explains application of the Constitutional amendments to the goverment and actually cites a case where there was a 1st amendment claim against an entity that was not a government:
The police do not have to make an arrest, but being a law enforcement officer he certainly could have and should have used his authority to get the guy to stop harassing her. There is really no excuse for him refusing to do so, in my opinion. I know I wouldn't have reacted well to being acosted in that manner.