This is incredibly reductionist. The US alone has about 330 million people. There are many poorly worded or enforced laws, and not every single person is in a unified agreement about them. And the legal/justice system itself isn't perfect.
There are the legal courts, and then there are is the court of public opinion. Is it always -fair-? No. But you can't force a private publisher to publish someone's material either.
We have a strong solution available to each of us: a wallet. Don't support publishers that cave to the court of public opinion.. or do! I'm not your parent.