I see it like the moving screen. The ball handler can put his arm out there all he wants as long as he doesn't alter or impede the movement of the defender. A defender can contort himself into all sorts of positions to redirect the ball handler, until there's contact, nothing.
If I've got an offensive player sticking his arm out but not making contact, and the defender hacks through it; I'm probably calling the hack. Sticking your arm out doesn't make it free game any more than not being in Legal Guarding Position makes the defender free game for an offensive elbow.
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