Earlier quoted context omitted.
Most laws have loopholes, just as most software has bugs. You try to anticipate them when you write the law, and you keep an eye on them and amend the law as necessary.
It's not that simple in this case, because for my first question the answer really needs to be "yes" as a clear First Amendment matter: individual political speech is clearly protected, and video is a common "speech" medium nowadays. So that's a "loophole" that is pretty much required by the Constitution. It's really not clear to me how one can draw a sane line between the first and second question, for this case, un…
I'm not personally convinced I know which of those two options is preferable, but those are the options. I am fairly well convinced that you can't do the latter without the former.