HE is within their rights to say no, we will not host or route to KF, to stop us would violate our constitutional rights to freedom of speech and expression. They would then point to a litany of issues surrounding KF, how it would impact their business, and then win their case with ease.
I'm kind of shocked EFF went to bat for KF If I'm being honest. When your speech is unaliving people, or responsible for wide scale harassment of minors, guess what, I'm not interested in doing business with you, and that's perfectly fine. The fact that they use such a weak argument like utilities, and mail service as a comparison to commercial internet service is wild.