>"And if they don't, it should be the courts that decides if they should be penalized, not a lone armed civilian."

And what happens when the courts are to no longer be trusted for impartial or otherwise reasonable verdicts? We use randomness to control corruption in courts through the likes of juries, but First Amendment civil cases are almost always bench trials decided by a judge, or motions via summary judgement. Not juries. What's our fallback and our "check" there?