I think it should be inescapable. At least, the consequences from it should. The modlog is still available, and there is nothing that stops you from creating your own community. If we take the Ohio analogy tho, claiming yourself to be a sovereign citizen won’t stop the police from applying their authority on you. They use violence in order to apply it as well. In Lemmy, creating your community in an instance may not stop an admin, but will stop a moderator. A step further to that would be making your own instance, and I know it’s not perfect, but it’s already way more power to the users and less to the moderators.

I see it more as someone kicking you out of a group. You can ask the others if they disagree and want to form another group with you. If the others agree, they can leave the group, and if not, they’ll stay because they agree with the decision. It’s not a perfect model, but gives way more agency to the user than it does to the moderators/admins. For example, on reddit, if you were banned from a community, you could make your own, but if you were banned from the site, then not much could’ve been done. People also don’t agree with the moderation on ml, so they moved on to .world, db0 or lemm.ee. So far, it works.

I would advise against using the argument of it being “just words”, as it removes the intention behind your words, and can lead to some more right wing talking points (not that you are right wing).