We should be very hesitant to create laws that we expect to be selectively enforced, because it empowers law enforcement to make all sorts of bad decisions in t

We should be very hesitant to create laws that we expect to be selectively enforced, because it empowers law enforcement to make all sorts of bad decisions in the moment. This already happens with photos and filming despite the general presumption of legality. Adding a bunch of nuanced exceptions would make it much worse. Understand that the way this works is that officers can stop you from filming at any time. Then later you might get a judge to say, “the officer had no legal right to stop you.” The officer goes “oops” and that’s it. Obviously you cannot go back in time and get the moment that you missed. A clear, simple, well-known presumption of legality makes it a lot harder for a misbehaving officer to appeal to the concept of a “judgment call.” And it makes it easier for a judge to say “you should have known” and impose consequences on the officer.