Perhaps, but what if they ensured that FaceID only worked when you had both eyes open? It would then, be much easier to be non-compliant than it would with TouchID since it's harder to hold someone's eyes open without obscuring the face than it is to press the phone's home button against someone's finger.

Wink/Blink if you don't want to unlock your phone seems, to me, to give more consent to unlock than a fingerprint.