The town of Apple, Ohio, enacted a statute that makes it a m…
The town of Apple, Ohio, enacted a statute that makes it a misdemeanor to “ogle anyone in a public setting.” The statute further defines “ogle” as ” to stare at someone for more than three continuous seconds.” Brett was in downtown Apple when he saw a woman practicing a dance routine in a city park. Brett was very amused and fascinated by the woman’s dance, and he continued to watch her for many seconds. A police officer observed Brett eyeing the woman and arrested him for violating the statute. At trial, what would be Brett’s best defense for acquittal?
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