> they would argue in court it's an implicit admission you "knew it was illegal."
So you'd argue in reply that although you maintain that it's legal, you knew that it'd likely be something that bad actors would file frivolous suit over. Even when you win, being hauled into court is incredibly disruptive.
But you'd significantly help the legal case of those claiming it is by trying to obfuscate that you're doing so; they would argue in court it's an implicit admission you "knew it was illegal."