Handheld radios, like my wireless tx/rx for lavaliers have to have their spectrums cleared by the FCC. As do most transmitting devices. There are baseline requirements before they can be sold/used.
I get often with these things if you give an inch they take a mile, but there have to be some foundational guardrails here IMO. You can’t just have a bunch of laws punishing people for behavior and no attempts at preventing it in the first place.
The ability to just transmit anything indiscriminately is just a dicey proposition to me. Like how we used to just allow a free for all with drones.