My thinking with the current positioning in that from a community admin’s perspective, they won’t want a new user collapsing pinned posts without having seen them.
Often, community guidelines, etc. will be old posts and towards the end of those that have been pinned. So if the option is before those posts which admins think are important, they’re more likely to be ignored.
There is logic in your words. But it seems to me that those who do not want to read the rules will not read them :)
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😊 too true!