It is also just an opinion. The delivery of content is something that qualifies in legal terminology as a Fact. Opinions don't matter, in a court, except for the Judge. At least, in theory.

Note that it was a central thrust of the development of Equity Jurisprudence to take even that power out of the hands of a judge. If the facts did not produce the judgement, it could be overruled by another judge who did adhere to the rules. This goes way back, by the way, to ancient, pre monarchic judaism.