I see where you are coming from but the distinction is important because a lot of times these discussions are followed up by discussion about voting for certain political parties with suggestions of one political party banning/censoring more than other political parties. If one doesn't focus on the exact points of change where it's possible, complaining against the "big government" is going to be a very slow process to bring change.

Why don't English speakers use the term "state" to talk about the "human community which lays claim to the monopoly on the legitimated use of physical force"? Is it because they want to avoid confusion with states as in "The United States"?

Courts do function independently of the government. The constitution also confers enormous powers over them, so much that contempt of court is exempt from Freedom of speech.