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Exactly this is what I am worried about, you can get into trouble quickly. Good luck explaining to lawyers/judges that it's not your content actually but just federation. Even if you could, in most jurisdictions you wouldn't be off-the-hook anyway.
I said it in a higher comment with other info but try looking up a remote community that isn't already known by an instance, without being logged in. It won't look it up for you and just silently fail. If unwanted content is what you're worried about unfortunately a malicious actor can basically just drop content directly into your instance without prior notice if your federation is open. This is why db0 is working on systems that will in the future work like shared blacklists (opt-in of course).
Seriously if you really want to host your own instance, it is more or less your responsibility as an admin to moderate that instance. That includes purging and blocking unwanted contents. There is no way to avoid that.
As for your suggestion, it largely boils down to restricting anonymous access to the search related APIs in an instance. It is no doubt a good feature, espeically for read-only instances. I think you can create an issue about it in Github to get more visibility from the devs.