I'm going to ignore the false alarm statements because I'm honestly not sure where I would put the line between freedom of speech and causing mass panic that can result in bodily harm.

The best I can come up with is this... perhaps instead of saying it isn't a freedom of speech issue punish the person for the harm done and ignore the speech part. If someone breaks their arm... if a theater has to give out a lot of free passes... etc... then it isn't punishing them for speech, but I'm not sure of the technicalities of it all but that is my best attempt (and my failed attempt at ignoring the topic)

as far as the whole hate crime thing... I think you fail to realize that you can separate hate crime laws from laws restricting freedom of speech. Calling someone a name doesn't tend to hurt anyone. Attacking someone for bigoted reasons that can invoke terror in that area or larger areas hurts more than just the originally attacked victim.