IF a company's terms of service refer (or intend to refer) to some kind of external standard (such as federal law) why should the company itself have the power

IF a company's terms of service refer (or intend to refer) to some kind of external standard (such as federal law) why should the company itself have the power to determine what does or doesn't meet that standard. In the USA, there's a government body which can make a preliminary judgment on this, it's called the courts. Why shouldn't Amazon be compelled to get a preliminary opinion from a judge on whether this is illegal or not. Based on that decision they can preemptively remove the content and let the defendant "appeal" (probably incorrect legal term) the decision. If the court rules it's not illegal, then there should be no risk of legal liability to continuing to provide the service. If things are parler are as bad as people are making it out to be (i haven't been following it closely) then this should be a trivial step that legitimizes the decision.