A slight problem would be as soon it looked like such a legal precedent were about to be set, anyone publishing the statements would therefore be incentivised t

A slight problem would be as soon it looked like such a legal precedent were about to be set, anyone publishing the statements would therefore be incentivised to cease publishing them while they still could legally. More succinctly, the legal precedent would compel people to "break the law". I'd argue such a conflicted legal outcome could only be resultant from unsound base principles.