3 ms·
Standing is complicated; the standard is that the plaintiff has suffered a real harm, regardless of prosecution. Being prevented from doing research is likely
by h4nkoslo 10y ago
Standing is complicated; the standard is that the plaintiff has suffered a real harm, regardless of prosecution. Being prevented from doing research is likely constructible as a real harm, if his lawyers can show he reasonably fears prosecution.
OTOH there is generally enough flexibility for a court to punt when they don't actually want to address the underlying issue.
This is a reasonable law review article: http://www.tjeffersonlrev.org/sites/tjeffersonlrev.org/files/30-01-02-Hardy.pdf http://www.tjeffersonlrev.org/sites/tjeffersonlrev.org/files...