It's much better to have selective enforcement of a law that says "this is a judgement call" than to have selective enforcement of a law that says "this is a cr

It's much better to have selective enforcement of a law that says "this is a judgement call" than to have selective enforcement of a law that says "this is a crime". The latter is literally encouraging the populace to commit crimes. The latter is hard to challenge the selectivity of in court because it is theoretically strict liability. The latter results in the unelected enforcement officials making up the criteria entirely instead of being given criteria by the elected officials.