@chandlerc Hmmm. I don't hear you as factoring in the human experience of being in community and being ostracized from it. I think that fear, and the pain of it happening, goes fairly deep. I'm not sure if factoring it in would change your reasoning much, but I wouldn't leave it out of your thinking. At a minimum, I think people will still react very strongly negatively to the threat of ostracization, possibly even more so than the thread of criminal prosecution.
Having said that, I totally see the reluctance to ostracize as being weaponized by bad actors. And I have appreciated the culture on Bluesky of "Don't engage, just block", which is basically ostracization, if of a much smaller kind than blocking someone from an open source community.