How is it flawed? A TOS that discourages hate speech and enforces some sort of standard seems far less stifling than intimidation by rape and death threats.

It's funny to see people get bent out of shape at the idea that they might have to watch what they say when the consequences of saying something offensive are just that a platform might not let them publish everything they want to while there are large groups of people who already have to watch what they say because the consequences of saying something that another group disagrees with are rape threats, death threats, and harassment campaigns.