If I ever became a legislator, my first priority would be get rid of the stupid laws that came from our more paternalistic past. I don't care if they're not enforced anymore. 1) They make it more confusing for your average joe to know what the law is if he has to look up court history. 2) Simply having the laws on the books gives an opportunity for wacko bored enforcement officers to harass people.
Case in point: Texas' criminal law on selling vibrators. Police in Cleburne, Texas arrested a Texas woman for the horrible offense of the intent to promote the use of "obscene articles."
Here's an excerpt from a court opinion on this statute:
CURTISS BROWN, Justice, concurring.
Here we go raising the price of dildos again. Since this appears to be the law in Texas I must concur.
Regalado v. State, 872 S.W.2d 7 (1994).
Via The Volokh Conspiracy and Instapundit.
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