A standard that is argued in Courts in every county, in America and decided by an everchanging body of jurists as directed by a judge and after listening to two smart people argue against one another. Yes, sometimes the case seems stupid, however, one of the smart people have to raise a shadow of doubt, or perhaps in certain circumstances a reasonable person might think that's okay. This standard is an evolving and changing term that is different in NYC than it is in Butte, Houston or Nome.
If people started taking selfies shirtless in the winter on summits and posting them, and you could if you layered up immediately afterwards, could one assume from evidence on the internet, shirts were not necessary? I see there is a sub-group of hikers who are having a beer on the summit, how much alcohol is okay and how much is stupid when walking?