I think you have a good argument there, and certainly it is one that I would make if I were representing FR in a battle over this issue.
But we have both been around long enough to know that having the better argument is not often the key to winning in highly politicized process and regulatory actions.
The “Fairness Doctrine” is an example. It is blatantly unconstitutional and wrong-headed, but that doesn’t mean its passage isn’t a threat if the left happens to be in political power.
The pukes at DailyKos imagine that in an emergency they might be able to steal some guns ~ but they would be wrong.
That's because the people over there are unable to think far into the future so they are unprepared for it.
They are now down to having FreeRepublic fight their freespeech battles for them and they don't even know about it.
Too much dope and too many skin diseases will do that to you.