ELI5 If a city ordinance has been deemed unconstitutional by the U.S. Supreme Court and also that particular State Court of Appeals, how come they could still fine you for breaking it?

Just thought there were the same thing since this is what code 23-22 was before "If any person profanely curses or swears or be drunk in public, he shall be guilty of a Class IV misdemeanor." and now it is about being drunk in public "~If any person profanely curses or swears or~ be drunk in public..........., he shall be guilty of a Class IV misdemeanor."

This raises more questions because aren't profanity "fighting words"? Did they only strike the 23-22 one down because it was only a city ordinance and not 23-12 because the state Supreme Court already held a decision on it?

And to somewhat go back to my question since I read it wrong and the Court of Appeals didn't deemed both of language charges as unconstitutional, for this law to be strike down would it have to be raised up to the U.S. Supreme Court if there's ever a case for it?

/r/explainlikeimfive Thread Parent