Yup. If an agreement on etiquette is required for nostr to work, then it's already failed.

Those who think everyone is forced to listen to them on a voluntary platform are going to be disappointed, but they aren't silenced. They can always run their own relay and anyone who cares to listen to them can find their notes.

It's still early though, and censorship resistance can fail. If someone is banned by most common relays right now, it's very difficult for anyone to find them and view notes from their private relay. NIP-65 proposes a solution to this, but doesn't seem to get much attention from client devs.