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Notes -
I think in this instance the "cracking down" is social sanctions (moderators and other people), not legal sanctions. Your OP writes "legal and/or social risks" as if they are similar.
Your trick works well to evade the law and the poster replying to you was saying that this might lead to even more social sanctions. The less your messaging looks like a legal threat, the more it looks like hate speech, which you correctly note is clear to everyone involved.
I think something you might be missing -- or maybe I am -- is that moderation on most platforms doesn't protect hate speech. And committing hate speech is a big social risk everywhere, even if it isn't a legal risk.
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