Curses on law.com...sorta, kinda. LOL!
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One way that the courts preserve "judicial economy" is by requiring legal actions to be brought only when there is some kind of "actual not conjectural injury." Even a liberal federal judge won't ignore that one when there is an actual injury.
So an actual injury would be the right of free speech WAS suppressed (like the case of the thread) because the arrest itself constitutes an 'injury' in the legal sense.
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Thanks so very much for your replies. I'm not trying to be dense, just trying to get a better idea about how this law thingy works. :-)