> publicly and freely accessible data would be illegal.

Data is not "publicly and freely accessible" if accessing it requires you to agree to separate terms of service for it that restrict your ability to access and redistribute it.

(Whether or not one believes the data should be freely and public accessible is a separate matter, but given the above, it's hard to make the case that it is).

Amusingly, this data still isn't "freely accessible", because these people have attached their own, separate terms to reusing and redistributing the data.

If you have to apply to specific terms, but are able to access everything without complying to these terms, this effectively means that the data is publicly and freely accessible.

Rules on itself don't restrict anything, enforcement does.