> Can it? In the same way? It feels like your argument comes down to handwaving. Circumstantial law is hardly a novel thing.

I think that was their point: your argument seems handwavey, because anything can be bad "in certain circumstances".

Hold the door for someone? Seems nice. But you could be insulting them by doing so. Or letting a virus in by having the door open too long. Or wasting energy and contributing to climate change by letting the conditioned air out. Indeed, under certain circumstances, it's bad.