I would rather put the onus on the publicly traded miner corporation with a board that accepted the transaction out of band on the hook, that any solo or pool miner being forced to include it.
But that's just me.
Discussion
I would rather not establish precedent that node operators are responsible for the data on the block chain. That opens up a trivial attack vector by literally anybody. Making the argument that it’s a public space and therefore individual people aren’t responsible is much safer/robust over the long term