I believe SE should take action against any and all violations of the ToS. Not enforcing your own rules only breeds contempt and discontent among those to whom the rules have been applied. Try managing a classroom and you'll see what I mean.

It's clear that the ToS are written to protect SE and give them complete freedom to enforce the ToS in any way they see fit when they see fit to do so. It's sad to me to see that they don't enforce things regularly enough, as evidenced by the number of people saying "They won't do anything; I know X people who do Y thing and haven't had issues." or "SE are too lazy to enforce their own rules except the ones they feel like because the community has thin skin.".