You're right that there is supposed to be a legal bar for being "directed by" a foreign government, but would you want to gamble on the jury pool setting the bar that high?
Look at the hacker news comment section any time China comes up, and then consider that the average American is considerably less sophisticated.
Yeah, if I'd had no knowing contact with elements of the government of China, I'd take that bet every day of the week and twice on Sundays. I don't even think it'd get to a jury.