|Re: Looks like overbreadth to me|
Posted by Wyatt Earp on October 04, 2005 at 18:58:21:|
In Reply to: DFG info posted by Deb Karimoto on October 04, 2005 at 18:22:03:
I think this whole discussion shows why section 5508 of the Fish and Game Code is susceptible to a constitutional challenge for overbreadth. An overbroad law is one which encompasses within its scope lawful activity. Section 5508 on its face would proscribe cooking and eating lobster beyond the mean high-tide line; even if you cooked it whole once the meat was out of the tail its size or weight couldn't be determined.
So yeah, you broke the law, but so what. If you get cited just hire Laurence Tribe to get you off and you'll walk 100 times out of 100.
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