Yes, this rule appears to be monumentally stupid. However, another person in this very thread has raised a good (though possibly misinformed) point regarding frequency intermod. Sometimes we simply can't test all circumstances and the FAA has made a (potentially dumb) judgement call in favor of overwhelming paranoia for safety instead of letting people fling colored birds at green pigs below 10,000 feet.
Being free does not give you license to discard that which you, in your own self, deem insensible when you are existing in a space where anyone but yourself exists. You operate in a world with billions of other humans, each with competing goals and diverging motivations. The least you can do is play by the rules that we, as a group, have decided are the compromise.
As a bit of site commentary, I notice your post getting more and more grey as people remove points because they disagree. In this instance, I added a point because, though I disagree, I think that your post is a useful addition to the commentary.