If someone is an !@#$%^&, they can argue "there's no law saying that I can't be an !@#$%^&".
And that's why you just slap them with moderator action (there is supposed to be no initial defense against mods) and call it precedent. Eventually, people will get the picture or continue getting increasing punishments.
I think we all have a fairly similar idea of what we want to accomplish with these rules, it shouldn't be too difficult to stay fairly close to the same thresholds of enforcement.
