Commons is supposed to host images that we can guarantee are Free. It is by hosting images that we wish were free, or images that we could imagine to be Free, or images that we don't know to be copyrighted, that we harm the project. An image for which there is a reasonable doubt is an image that does not belong on Commons, period.
As for the question of consensus, it is perfectly proper to ignore opinions based on wishful thinking or ignorance. This is a technical issue, and knowledgeable technocrats rightfully have precedence over dilettantes and militants.
To conclude, I fully sympathise and concur with those of us who find national laws and copyright durations to be excessively tilted against users. I bring to their attention that by twisting and ignoring these laws, we play into the hand of their defenders: firstly by offering them the argument that their regulations do not in fact stifle expression; and secondly by exposing ourselves to legal action that can be brought to bear whenever convenient to their interests.