I think you've just proven that there's always a tension between what we can write down in law and what the driving ethic behind laws might be. To put it into the law means that at some step in the future, you'll have to be able to prove it. If you're going to use that aspect of the law, you'll have to be able to adduce evidence to suggest that something has happened.
However, I agree with you that when you talk about these things in fora particularly like this one, you are participating in the conversation that will shape and drive that discussion. History is replete with examples where society has changed its mind because of discussions just like this one, had in a full, frank and fair manner.
Today, I think creating a test on the appearance of a conflict is going to create more problems than it solves. That might not be the case in 20 years.