In my opinion that's a better argument against the usefulness of a supreme court than it is a justification for allowing leeway in censorship.
The justice is claiming that said illegal content cannot be described or identified in law, that it must be up to a judge to make that call. Such a system is insane to those being ruled by it - we can't know if we are breaking the law, but at any time a judge could decide of their own accord that we are.
We must live under a system of laws that can be comprehensible enough for a reasonable person to be able to tell when they cross the line and are likely breaking the law.
The justice is claiming that said illegal content cannot be described or identified in law, that it must be up to a judge to make that call. Such a system is insane to those being ruled by it - we can't know if we are breaking the law, but at any time a judge could decide of their own accord that we are.
We must live under a system of laws that can be comprehensible enough for a reasonable person to be able to tell when they cross the line and are likely breaking the law.