Case law in the USA regarding illegal content has always rested squarely on those who:

1 - provide broad public access, in this case a company like OpenSEA (which has had to block content)
2 - the original author

if punishing "relays" was a thing, then every CISCO router, SMTP relay and DISCORD server that provided access would be in court all day long

instead, it's the users of the illegal data and the publishers that actually wind up in trouble - not the internet providers

the bitcoin ledger is neither a browser or web server, nor is it an image uploader. there is zero ability to view images built into the system

and even if it was

the purpose of this software is to be a distributed and effectively uncensorable ledger.

hopefully it doesn't change because someone launched a meme campaign with vague threats of legal action

if a transaction has /no reasonable expectation of being mined/ (too expensive to validate, too large, too low fees), there's also no reason to relay it

this is probably the best way to set policy