I will be happy to post my letter and the response I get, when and if I get a response and if this thread is still open for posting.
Interesting thread. I hope you do receive a response and look forward to reading it.
I've had a General license since the early '70s, though was inactive for a long time until recently. I remember learning the rule in question then and always thought it was indeed band non-specific, largely placed there for a catastrophic distress situation, allowing maybe the only person with communication and electronic skills present to get a distress call out to save life and limb. For a wild example, a plane crash in the Pacific Northwest or shipwreck in a desolate area, carping together a spark gap transmitter, etc. I believe this is a very old rule, formulated at a time very different from the present. I never envisioned self-appointed Rambos/wannabees with cheap programmable HTs busting into LE frequencies as the example in question and see why this discussion took the course it did. I doubt the FCC did either back then.
I'll have to Google and familiarize myself with the case mentioned earlier. IANAL but know that depending on the particular court system, it may or may not apply as precedent to other courts in other jurisdictions. I certainly back the FCC's zeal to protect the purity of band plans and pursue illegal transmissions. That said, count me in as somebody who would pursue (almost) any means at my disposal in an extreme and dire situation. I like to be prepared for situations I might find myself and avoid ones I should, though it would be unrealistic to believe one could never be confronted with a situation they were thrust into and unprepared for. It's an odds game, so stack the deck as best you can for yourself, no doubt.