The fact that a state court has a single entity in which to engage with weakens the whole decentralized structure we aimed to build. We can talk about the few checks and balances (such as BPs ignoring ECAF/EMAC orders), but the truth is, having ECAF as the centralized arbiter on the protocol layer makes it way easier for a state to request censorship - ECAF builds an accessible door in which hostile states may enter.
I'm not being marginally theoretical either - many states all over the world deny their citizens access to information and employs a practice of censorship upon them.
RE: Proposal for an incremental Constitution and Dapp layer governance on EOS