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David_Gerard comments on [moderator action] Eugine_Nier is now banned for mass downvote harassment - Less Wrong
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It's pretty much always a mistake to apply legal-style reasoning to moderator actions on an Internet forum, anyway. The job of moderators is to keep the forum working, not merely to follow previously published procedures. Legal rules such as nulla poena sine lege don't apply in this context. They're supposed to wing it a bit when necessary.
"It's like a bar. The idea is to maintain a good time. If you are asked to cool it at a bar, and you start debating the precise details of the rules and the wording thereof and who can eject you when and so forth, the large fellow with the number on his shirt will be guiding you to the exit in short order, possibly with a humorous CLANG off the bins opposite." (from a Facebook group; doesn't quite apply to LW directly)