I look at this the same way I look at Bitcoin miners having the right to choose their block templates to filter out Ordinals. They are investing their capital (time and money) and have the right to manage it as they see fit. 

If a spammer does not like their content being filtered, they are free to start their own relay. 

In both situations, everyone is FREE to choose to do what they want. The most important thing is the protocol remains open to ALL to grant that freedom. That's the permissionless special sauce.