As soon as you go that route though you have to admit that the purpose of the law is to punish people for the crime of being infamous and nothing else really matters.
Maybe that is a tradeoff we should make. I am not yet convinced. My concern is that as soon as you say "let's make this flexible" you ensure that we can find something to charge people with if we want.
The famous and rich have managed to get out of laws that were clearly and explicitly applicable to them.
The problem is not the law itself in those cases, it is the people enforcing the law. If your cops and judges can be bribed then no law or defense is ironclad, "selective enforcement" or not.
Maybe that is a tradeoff we should make. I am not yet convinced. My concern is that as soon as you say "let's make this flexible" you ensure that we can find something to charge people with if we want.