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If you can be sued for it, sounds like it's prohibited to me

Perhaps I misunderstand what "sue" includes in US jurisdictions but prohibition in this context ought to be criminalisation, i.e. something that happens in the relation between the individual and the state, and to me 'suing' is something that happens in a relation between individuals.

Nope, that's not how the US legal system works. Anyone can sue for anything. That doesn't mean they'll win.

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