We have a William Tell problem. Aim too high and you miss the story. Aim too low and you kill the impact due to the uncomfortable methods.
In my opinion, you are aiming too low and I am aiming too high.
But none of us want our brainfarts, our boasts, our drunken musings and our intimate moments used against us by a lawyer who is spending her or his time looking up the exact limits of the law.
But I am also not succeeding.
But I believe we all say many things with an expectation of them being ephemeral without checking the legal state-by-state rules as part of human culture.
ALL of us can be destroyed by these techniques.