But the problem is that we DON'T have courts, we DON'T have free speech. SCOTUS has neutered the judiciary. SCOTUS has allowed retribution by the government against people for the content of their expression. The president is hell bent on defying courts and free speech.
This is what happens when the rule of law dies. That was my point on the game theory thread. Law is the only way we can pre-commit to cooperation in a democracy. When it decomposes, the only thing left is a war of all against all, and only deterrence-by-punishment remains.