The refs need to also have some discretion for the severity of the blow. The initial intent of the rule was to stop the viscous throwing of elbows during rebounding where some guys were being hit by powerful and dangerous blows. Many of these out on the floor incidents involve grazed touches and frankly a lot of acting in many instances and the penalty is out of line. They are also penalizing the mere swinging of elbows without any contact at all.