You make some valid points. My take is that it is up to the users to comply with their local laws (EU citizens have been convicted in court for social media posts that broke local laws but not necessarily the site rules), and the TOS are not there to address that. It’s up to the instance owners to comply with the laws applicable to them, and for that they need to guide and educate the moderators, not the users (some of whom are going to ignore the rules anyway). So perhaps mods need detailed rules on what is and is not allowed on the site, but sharing that level of detail with the users is just sparking pointless discussions.
I’m not a moderator. If I was, I would delete any posts with hate speech or inciting violence if they are against the law in the jurisdiction of this instance. Doesn’t matter what US law allows people to say. Doesn’t matter what I personally think of this specific case (US healthcare is a disgrace to put it mildly, I’m disappointed the guy got caught, and a few other thoughts that you may agree with, but could get me a criminal conviction if I post them, and could get the site owners in trouble for allowing the post - and some posters here don’t seem to get that) I’m done with this post now.