Argh. I hate leaving that fine line in the hands of bureaucrats. It reminds me of the case Citizens United vs. FEC where Eleana Kegan was arguing the case for the government, and was asked by the bench about the laws on censorship, and if they would be enforced in this case or that.
Kagan answered something along the lines that yes, the statutes would allow prosecution, but in practice, it generally isn’t done, so nothing to worry about.
Justice Scalia (I think) stood up, leaned over and looked down at her and forcefully said something like “We don’t, as a practice, leave our liberty up to the whims of bureaucrats in some government agency!”
(I had to paraphrase, because I can’t find it in the transcript...I might not be looking in the right place or for the right wording)
bump