Incorrect. Judges regularly evaluate the intentions of non-criminals where no crime has been committed in family courts and in cases of contract law (disagreement is not unlawful), and juries have the ability of jury equity (UK) or nullification (US) to declare someone's actions as non-criminal even if the actions they are accused of are accepted as fact and are (by definition of law) unlawful. There is also "contempt of court", in which a judge may declare anyone criminal for refusing to comply with the judge's orders.

This all demonstrates that judges and juries are familiar with evaluating intentions and criminality within the frameworks of law provided. A framework of law may declare certain speech as unlawful (such as obscenity or slander) may declare intentions a key factor in criminality, and the systems of law that judge the legality and criminality of that speech are already in place in the UK (and US) to support laws that criminalize speech with malicious intent.