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You grossly overestimate the US court system's ability to take the things you list into consideration when the plaintiff cites some actual legal precedent and sends lawyers to court (and the defense does not, for in this case obvious reasons). the US legal system is built on adversarial mediation; hence the court is biased towards a form of mediation in which both parties are represented. It's not the judge's job to consider the moral/legal implications of a particular judgement, it's the job of the respective plaintiff/defendant's legal representative(s). The judge here is not guilty of any sort of negligence it's the precedent that he must obey. If it is anyone's job to ensure that censorship like this does not happen again. This responsibility lies on the shoulders of those concerned citizens (you, me, slashdot, and wider nerd-dom) who must translate their political will into votes for those presidential candidates and congresspersons who will work towards the repeal of the sort of predatory and fascistic legal policies implemented during the reign of George II.