Agreed. But public opinion has shifted; people in the US think "free speech" is a "right-wing issue" now, and as you can see every time China is mentioned on HN there are ten thousand xenophobic comments by assholes from the US who don't even know the difference between the Cultural Revolution and the Great Leap Forward. In theory public opinion shouldn't affect the outcome of a court case unless it results in statutory or constitutional changes, but of course it does. Given the current trend toward authoritarianism, the longer the government can delay the court battle, the better their chances.