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Can any lawyer chime in for us laymen? This seems like such a broad law that can be interpreted to allow any punishment against basically anything especially si

by aprilthird2021 2mo ago

Can any lawyer chime in for us laymen? This seems like such a broad law that can be interpreted to allow any punishment against basically anything especially since "public morals" are such a subjective thing.

dodobirdlord 2mo ago
Laws tend to be written pretty broadly, with the understanding that when you encounter a law that seems like it could be construed in a ridiculous way, it’s the ridiculous construal that is silly and not the law. Judges and juries exist to ensure that silly stuff doesn’t happen, rather than trying to write laws so that they hold up to the most adversarial possible reading. Is writing a book about being a bank robber going to pass muster as a threat to public morals? Probably no. Is setting up a free cigarette dispenser outside of an elementary school? Probably yes.
everforward 2mo ago
Am not a lawyer, but I follow these kinds of things. Many states have a catch all law like this, probably all of them to some degree. If you google for your state, the charge is usually either “public nuisance” or “disturbing the peace”. They’re virtually all like this, so broad that you violate it just by being alive. They usually only get used either in plea deals (ie a DUI gets downgraded to disturbing the peace), or on people who are being a pain in the ass but not technically violating any specific laws. Someone having a mental health crisis and screaming at people on the sidewalk might get picked up for it, or a drunk that won’t stop singing at the top of their lungs at 3am. This is way, way beyond anything I’ve ever seen as far as impact, though. Public nuisance is usually a slap on the wrist charge. A day or two in jail, $100 in fines, something like that. This is sort of a wild route for the state to go. These laws are super vague, but the penalties are usually so low I think the courts let it go. I suspect now that they’re pushing for a billion dollars in fines the courts will want to take a closer look.

dodobirdlord 2mo ago

Laws tend to be written pretty broadly, with the understanding that when you encounter a law that seems like it could be construed in a ridiculous way, it’s the ridiculous construal that is silly and not the law. Judges and juries exist to ensure that silly stuff doesn’t happen, rather than trying to write laws so that they hold up to the most adversarial possible reading. Is writing a book about being a bank robber going to pass muster as a threat to public morals? Probably no. Is setting up a free cigarette dispenser outside of an elementary school? Probably yes.

everforward 2mo ago

Am not a lawyer, but I follow these kinds of things. Many states have a catch all law like this, probably all of them to some degree. If you google for your state, the charge is usually either “public nuisance” or “disturbing the peace”. They’re virtually all like this, so broad that you violate it just by being alive. They usually only get used either in plea deals (ie a DUI gets downgraded to disturbing the peace), or on people who are being a pain in the ass but not technically violating any specific laws. Someone having a mental health crisis and screaming at people on the sidewalk might get picked up for it, or a drunk that won’t stop singing at the top of their lungs at 3am. This is way, way beyond anything I’ve ever seen as far as impact, though. Public nuisance is usually a slap on the wrist charge. A day or two in jail, $100 in fines, something like that. This is sort of a wild route for the state to go. These laws are super vague, but the penalties are usually so low I think the courts let it go. I suspect now that they’re pushing for a billion dollars in fines the courts will want to take a closer look.