Rereading it, I can now see your view, thanks. I don't know enough about the legal definitions of "harass" and "abuse", but I suspect it comes down to your personal level of confidence of whether government abuses this narrow bit in the first place, and secondly whether the entire public would just let this quietly slip by in the public courts without demanding some sort of self-correction action (judicial, legislative, or executive). I am not a gambling man, but I think my position on both of these chances are both reasonable and the most probable, with high confidence. (Edit to add: a sibling in this tree says it better, to paraphrase: "laws can be challenged and reinterpreted, it is a mistake to assume they do not")

In case it isn't obvious, I'm not a lawyer. No one should accept my analysis, because I'm a stranger on the internet, or a Turing-Test-succeeding imitation of one. Likewise, I'm not going to accept OP's analysis for the same reasons. But I will participate in a discussion that allows readers to explore alternate ideas and viewpoints, chasing an overly-idealistic goal of inspiring each of us into self-driven personal growth. Because that's a virtue worth striving for no matter which side of the argument you are on.