This is laughable.  The MIT License might contain restrictions for all 
I know.  There is nothing preventing someone from trying to sue under 
that license.  And if your response is "Yeah, someone could sue but 
the case would be thrown out because of the license terms" my response 
would be "Exactly - thanks for making my point".

Just because some group says it is a "free" license, doesn't mean 
s***.  It is up to any individual/company to make this decision on 
their own.

For the record: there are WAY more legal ramifications for using 
software with the GPL (or LGPL) license than there is for using 
software with a license term of "do good, not evil", regardless of 
whether the former is labeled "free" and the latter is labeled 
"non-free".  Just saying.
There is minimal impact.  If that file/class is not available, the 
compression code will attempt to run, the factory will throw an 
exception, and the exception will be caught/ignored and the JS output 
as-is.  So there is a slight run-time penalty if the php jsmin 
configuration option is used, but I am OK with that.
We already have fallback javascript minifiers.  And we absolutely 
don't need to maintain another PHP-based solution, since we already 
have one that works perfectly fine.

IANAL (neither an attorney), but as GNU people say "The restriction 
might be unenforcible, but we cannot presume that. Thus, the license 
is nonfree." (http://www.gnu.org/licenses/license-list.html#JSON). I 
won't discuss further.

You don't need to make a new package. What is the impact of simply 
removing the file? replacing it with a void class? What if I propose a 
fallback mode using php-packer?

This is absolutely ridiculous.  As an attorney, I can tell you that 
(at least under general U.S. law) this contract term is unenforceable 
for vagueness, at a minimum.  "Good" and "Evil" are not defined within 
the license itself.  And since this is a license situation, not a 
contract situation where the sides are negotiating the terms, parol 
evidence is not allowable.
Hell no.  "Packer" is awful and slow.

If this is really going to be an issue for downstream packaging 
purposes, I will move jsmin to a separate package to make it easier to 
remove if they wish.  But I see no need to remove from Horde since 
there is no licensing issue - I can attest that Horde is "Good" 
software so there is no issue with us distributing this file.

Hi there,

jsmin.php as included in Text_Filter [1] uses a non free license.
This causes the package in debian to be patched to
not include jsmin.php. Also fedora does not allow jsmin.php
into its archives.

For more information look here:

     http://wonko.com/post/jsmin-isnt-welcome-on-google-code
     http://bugs.debian.org/cgi-bin/bugreport.cgi?bug=692629
     http://lists.debian.org/debian-devel/2012/11/msg00168.html

A replacement could be

     http://joliclic.free.fr/php/javascript-packer/en/

I can propose a patch if you are wiling to accept.

[1]: framework/Text_Filter/lib/Horde/Text/Filter/JavascriptMinify/JsMin.php