I think this is mostly being misrepresented.

There is speech and there are consequences for speech.

If I incite or state that I am going to commit violence, stalking, rape or murder, should I face consequences? Yes. That's what is happening.

There are outlying cases which will be used to discredit this perspective but reality is there are a hell of a lot of very not nice people out there making active threats and inciting hatred and violence.

And everyone gets their day in court.