I see the role of the arbitrator a little differently here: the workplace definition is geared for an employee who posts inflammatory things and then hides behind the “just kidding, you uppity types have no sense of humor” with a wink. They tried to use it on a comedian and got slapped down-independent of whether he was funny, he was foremost a comedian, not just an asshole hiding behind the defense that a reasonable person understands his trolling post-hoc attempt at comedy.