Testing a case in court is not that easy. The vast majority of litigated cases never result in precedent. Most cases are filed and disposed of with no written decision or only with a routine order or judgment that is of interest to the parties in the case only.
It usually takes in-depth briefing by sophisticated lawyers to generate a precedent of any meaning. This takes a lot of money and effort. Unless parties invest a lot into a case to give a court detailed guidance, the court will usually take the path of least resistance and dispose of the case on minimalist terms that have no precedential value for future cases.
In addition, courts do not permit collusive cases and are pretty good at sniffing them out.
In theory, one could file a low-level case and wind up with a helpful precedent. But this is highly unlikely. Of every 1,000 such cases filed, maybe 1 would have a slight chance of ever resulting in anything meaningful. That is just the reality of the litigation process. It takes a lot to generate meaningful precedents and that is why organizations that take on this burden (e.g., EFF) are needed to pour the vast resources into the process that it typically takes to get such results.
It usually takes in-depth briefing by sophisticated lawyers to generate a precedent of any meaning. This takes a lot of money and effort. Unless parties invest a lot into a case to give a court detailed guidance, the court will usually take the path of least resistance and dispose of the case on minimalist terms that have no precedential value for future cases.
In addition, courts do not permit collusive cases and are pretty good at sniffing them out.
In theory, one could file a low-level case and wind up with a helpful precedent. But this is highly unlikely. Of every 1,000 such cases filed, maybe 1 would have a slight chance of ever resulting in anything meaningful. That is just the reality of the litigation process. It takes a lot to generate meaningful precedents and that is why organizations that take on this burden (e.g., EFF) are needed to pour the vast resources into the process that it typically takes to get such results.