Using "open and free" to mean "I actually want no restrictions at all" is also confusing and disingenuous, because, as you yourself point out, a lot of people don't mean that by those words.
The other thing, though, is that there's a difference between "I personally want to release my personal work under open, free, and unrestricted terms" and "I want to release my work into a system that allows people to access information in general under open, free, and unrestricted terms". You can't just look at the individual and say "Oh, well, the conditions you want to put on your content mean it's not open and free so you must not actually want openness and freedom". You have to look at the reality of the entire system. When bots are overloading sites, when information is gated behind paywalls, when junk is firehosed out to everyone on behalf of paid advertisers while actual websites are down on page 20 of the search results, the overall situation is not one of open and free information exchange, and it's naive to think that individuals simply dumping their content "openly and freely" into this environment is going to result in an open and free situation.
Asking people to just unilaterally disarm by imposing no restrictions, while other less noble actors continue to impose all sorts of restrictions, will not produce a result that is free of restrictions. In fact quite the opposite. In order to actually get a free and open world in the large, it's not sufficient for good actors to behave in a free and open manner. Bad actors also must be actively prevented from behaving in an unfree and closed manner. Until they are, one-sided "gifts" of free and open content by the good actors will just feed the misdeeds of the bad actors.
> Asking people to just unilaterally disarm by imposing no restrictions
I'm not asking for this. I'm asking for people who want such restrictions (most of which I consider entirely reasonable) to say so explicitly. It would be enough to replace words like "free" or "open" with "fair use", which immediately signals that some restrictions are intended, without getting bogged down in details.
Why? It seems you already know what people mean by "open and free", and it does have a connection to the ideals of openness and freedom, namely in the systemic context that I described above. So why bother about the terminology?
What people mean by words like "open" and "free" varies. It varies a lot, and a lot turns on what they actually mean.
The only sensible way forward is to be explicit.
Why fight this obvious truth? Why does it hurt so much to say what you mean?