Julia Smith Gibbons,
ACLU v. NSA — Concurrence
(2006)
“ If they instead continued their normal activities, they would still be fearful, but whether they would actually be subject to surveillance is purely speculative. They are like the Lyons plaintiff who can show nothing more than a fear of the use of a chokehold. See Laidlaw, 528 U.S. at 184 (discussing the "'subjective apprehensions' that such a recurrence would even take place" in Lyons) . By contrast, if the Laidlaw plaintiffs had resumed their abandoned activities, they would definitely have been subject to the defendant's conduct-illegal discharges into the river. ”
