No this isnt framed right.
The decision of whats monetary or not is much sinpler and objective than how your portraying it.
Bytes after Op_RETURN are non-monetary arbitrary data but a small amount (4...
“Obviously spam” is doing a lot of work in your argument. The moment you need humans to define what’s “legitimate”, you’ve introduced subjectivity. Consensus rules are objective. Everything else is opinion about how those rules should be used