If they're just saying that, I certainly don't want to be around them but I don't think they should go to prison. If they act upon that, that's entirely different and should be treated as a hate crime.

Also, you just said it. Does context matter to you? What about intention?

I think their point is that you don't throw them in prison just for saying it. If they actually do it or influence others to do it then that's very different. I always try to think how a law could be twisted or abused, and once you make simply saying something illegal that opens the door to a lot of authoritarianism.