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You're ignoring the fact that policy changes mean nodes relay it before it's confirmed, so they are directly implicated, as opposed to a bad actor engaging in graffiti with the complicity of a negligent and identifiable miner.
That's not the way government will look at it. Government will say "oh it's in the blocks" therefore "all nodes" (Listening nodes) are relaying this stuff.
Which they can't do because its illegal. It doesn't matter what relay policy says... if it gets in one block it's everywhere and if I were government that's the way I would attack it.
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