Make the case that it's not protected. (I'm inclined to agree with you.) But make the case and get out of the Eeyore habit, which is more even more common on FR than ITS ("Islamo-Tolerance Syndrome").
It's not simply that Eeyoring is annoying; it's that it discourages readers from organizing and fighting, which is what they should be doing. Instead, they whimper, "What's the point?"