Well, I will be the first to admit that I am not a lawyer...especially one who specializes in aviation law...nor am I an administrative law judge, nor am I an FAA person, nor am I an NTSB person...
BUT,
The FAR 121 reg quoted above...and there's a Part 91 reg that is similar...is for emergency situations. AND, the NTSB, FAA, administrative law judge, etc. will expect that the pilot's actions (ostensibly as result of an emergency situation...and the declaration of an emergency) will have had to be something that was to directly aid in mitigating the situation.
I'm trying to think of a situation where exceeding the flap speeds would help in an emergency.
An example of a deliberate violation of a regulation is the exceeding of the 250 kt below 10,000 feet rule. You have some guy on board who is about to die of a heart attack, and you're hammering the speed to get the guy to airport "X" where the cardio medics are standing by.
This would be OK, but during the approach, you start hanging the flaps out at Vfe + 10....and that's not OK.
Again, I am NOT a lawyer, judge, FAA guy, or NTSB guy.
Again, I think they would look at your actions, your logic, and how all of this applied to the emergency situation. I really don't think they give you carte blanche....
Just my humble opinion. No disrespect intended to those who disagree. I could be, very well, totally wrong. (I am much of the time!!!
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PantLoad