That's why we have judges and lawyers, so that the outcome can be decided as a communal process instead of just one person deciding what is punishable - even if the person is the developer building the automated justice dispenser and they'll be not around when the decision is taken, it would still be made by the whims of a single enforcer.
"The ambiguity of these questions is a feature rather than a bug. Being unable to tell when something is "advertising" forces everyone to think twice..."
Courts performing the job of interpretation is indeed not the same as selective enforcement, but this comment expressly advocates for deliberate ambiguity. Not unavoidable ambiguity.
They obviously did not know they are asking for selective enforcement by that name, or why that is a bad thing, a far worse thing than the advertizing or whatever other bad behavior they imagine "forces everyone to think twice" curtails, but that is what ambiguity in a law gets you.
Let alone a whole other dimension to this, that it doesn't even curtail what they think.
They think they are attacking advertizers, but advertizers are fine under selective enforcement. Really they are only attacking themselves and all other little guy individuals. Google and Amazon and all other advertizers have the money and the connections at city hall to get their own behavior selectively allowed. It's only you and me and themselves who will ever have to "think twice".
And it goes on down from every slightly bigger fish vs every slightly smaller. The local used car dealer uglifying your neighborhood has more friends on the police force and at the mayors office than you do, so they get to do whatever, and you get to think twice.
I knew. I said it anyway. I maintain that selective enforcement establishes a chilling effect.
It is a "cure" that is both ineffective and worse than the disease.
It's putting knives on the outside of cars to have a chilling effect on jaywalking.