[will_brown]

>Subjective standards is pretty much all of case law.

Some areas of law are more objective standards - using bright line rules in lieu of balancing tests, but you are correct there is always an element of subjectivity in the application of facts to law no matter the standard.

1st Amendment law is notoriously full of balancing tests, probably best exemplified by Justice Stewart:

"I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that."