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TOR nodes and torrenters are taken down or charged all the time.
The fediverse itself can't be taken down, but if you take down instance admins often enough, you force users to keep making new accounts and new communities. Something that prevents establishing a real social network.
Then you adapt to that threat with user exports or built in auto migration methods.
The distributed nature makes it much harder to down the fediverse with legal claims than it does reddit/twitter/whatever already. Just being hosted in different countries makes these claims a stunning pain in the ass, as many countries do not require any compliance with the DMCA.
Sure if you want to play in a sandbox alone and have nothing but privacy and lqbgt content (nothing against them in the least bit).