Alito, Thomas, and Gorsuch would agree:
"Justice Samuel Alito wrote a dissenting opinion, in which Justices Clarence Thomas and Neil Gorsuch joined...This evidence was more than sufficient to establish Hines’s standing to sue… and consequently, we are obligated to tackle the free speech issue that the case presents,” Alito added. “The court, however, shirks that duty and thus permits the successful campaign of coercion in this case to stand as an attractive model for future officials who want to control what the people say, hear, and think..." Alito's dissent
According to lawyer Robert Barnes, this is a fairly recent “made up” hurdle in the 20th century. It “seems” like a way for the court(s) to get out of having to make tough decisions.
To be fair, my court guru Zen Master disagrees, says it has a long tradition. And we really can’t get around Article III of the Constitution.
My response was that smart lawyers (like Mickey Haller, the “Lincoln Lawyer”) would invent a way to do so!!