Being a racist in America is not illegal, and if they're merely stating an opinion, and you are coming here freely to hear it, such as on this forum, I am thinking WA state would lose that battle in the Supreme Court. They're merely stating an opinion and they do not deserve to be harassed and punished by the federal gov't for it. That is in fact the definition of a First Amendment violation.
The second half of your original comment not withstanding, what you're describing above is not quite the situation.
I have often stated here on U.S. Message Board that no one cares if a person is a racist unless and until they decide to put their racist beliefs into action and cause harm to another person. However many of the respondants erroneously believe that doing so is not a violation of any
criminal code, althought I have cited an applicable USC which describes
imprisonment as punishment for a violation of the specific law thereby indicating that the violation is of a
criminal code.
As far as the Supreme Court, I'm assuming you're referring to the SCOTUS and not the WA State Supreme Court due to the freedom of speech protections in the First Amendment of the U.S. Constitution? The WA State legislators addressed this when they drafted the statute so it is expected that it would survive any constitutional challenge, however posting personal opinions on a message board is not a Constitutional freedom of speech issue. Nor does participating in a message board mean that a poster must endure unwanted, vulgar, racist and/or bigoted comments or persistant contact from others.
Having racist beliefs and opinions alone of course is not actionable per se, but my experiences have been that most racists don't tolerate being impotent for very long. They can't stand and resent being muzzled and generally it's only a matter of time before they have to act out and they do, crossing right over into the very terrority that is outlined in the WA state harassment and other statutes.
I haven't read who initiated contact but the fact that the Sheriff has indicated that he wants this prosecuted to the fullest extent of the law and the FBI is now involved indicates that they are looking at pursuing federal hate crime charges against the defendants as well as the WA state charges.
Irrespective of the wording of my article title & questions, the point is that certain behaviors are no longer tolerated in polite society. I'd imagine that 50 years from now, society looking back at our time will be dumbfounded that people behaved in such a manner, let alone that it was "barely" or "technically" legal.