This would only make sense if Nintendo’s legal actions either actually prevented emulation or piracy of their games or recouped the lost revenue (lol).
But they don’t you can still emulate the switch and still get games for it (which was never a grey area unlike emulators). You could do for most of it’s lifetime. You could also pirate on original HW, sometimes without HW modification at all.
Emulators have existed and still exist for older nintendo systems and you can still get old nintendo games despite decades of nintendo’s legal efforts, just like you can get pirated movies or music despite decades of legal efforts…
No, it was not clarified, they vaguely mentioned they were not based in “free speech” US but it’s pretty clear that it was their own policy since they changed it (they do say they were asking mods to ban all mentions of jury nullification).
If their opinion was actually based on law, they would not change their policy. They would probably also have added it to their TOS before hand.