I think you've talked yourself into that position as a way to rationalize the end outcome that you find most appealing and that's about it. The notion that one doesn't have a reasonable expectation of privacy when sending an E-mail or text message is so fundamentally indefensible that the most charitable interpretation I can come up with is that people don't really believe it, but are just kind of muddling along and fudging that part of the argument.
I guess it's possible that I shouldn't be that charitable and should just acknowledge that I'm dealing with people that I would personally find distasteful and dishonest more broadly, but I don't like that interpretation much.