&gt; A court should not uphold a highly problematic interpretation of a statute merely because the Government promises to use it responsibly.<p>This. Whether a law is just needs to be considered in light of its worst-case abuse potential, not just on the basis of how it is currently being applied. It is a great advantage of the common law system that over-broad, ill-specified or otherwise broken laws can be remedied through precedent, however the responsibility still lies with the government to make laws that are well-considered, based on sound principles and not overly broad.