That means if they are malicious we can't do anything at the protocol level, regardless of whether OP_return is there or not, correct?

This is something that is confusing to me, because if that is the case, then no matter what happens with this debate, Bitcoin is just a sitting duck waiting to be defenestrated by someone with the right backing and know-how.

And if there is something we can do against a bad actor, then why not do it now, instead of rolling the red carpet and hoping they will behave themselves?

By the way, the long form replies are very helpful. Thank you for taking the time.