So if the LCR is creating censored transactions is that not a fault/failure? What the hell use of Byzantine fault tolerance if it doesn't guarantee a system that can be used by the participants?
There are no censored transactions unless a majority of the CPU power* is conspiring to attack the system.
Bitcoin has a threshold of hostile CPU power that it can tolerate. Below that threshold, it works, above that threshold, it fails.
* selfish mining, etc.