Isn't that the entire point?
No one political ideology has exclusivity over imageboard culture so I'm not sure why that matters even if it were true which I don't see why it would be.
The guidelines used in the dost case were a one off way to make a decision on which pictures of naked kids are pornographic and which ones aren't because the dude had just as much legal nudism shit saved as pthc and they had to determine how much CP he actually had.
None if it is inherently illegal just like lolicon isn't inherently illegal, the administration here just cares more about covering their own ass than being a principled free speech platform like 8chan used to be under hotwheels.
But it has no legal bearing, an image can fail every aspect of the dost test and still be protected under the first amendment.