context: Even when state officials fail to offer an authoritative interpretation of a state statute, a federal court considering a pre-enforcement challenge sometimes will presume a narrowing construction to which the law is fairly susceptible. In this case, however, we discern no plausible narrowing construction---and the Attorney General has pointed to none. Because construing the statute to exempt the Association's planned activity requires discarding wholesale the prohibition on commercial solicitation, the only practical way for the Attorney General to assuage a reasonable fear of prosecution would be to disclaim, in categorical terms, any intent to enforce the prohibition on commercial solicitation.
citation_a.signal: see also
citation_a.identifier: 922 F.2d 756, 760
citation_a.parenthetical: finding a justiciable controversy when "[a]ll that remained between the plaintiff and the impending harm was the defendant's discretionary decision--which could be changed--to withhold prosecution"
citation_a.sentence: See Navegar, Inc. v. United States, 103 F.3d 994, 1000 (D.C.Cir.1997) (“Because it is clear to whom these provisions of the Act would be applied were they to be applied at all, the imminent threat of such prosecutions can be deemed speculative only if it is likely that the government may simply decline to enforce these provisions at all.”); New Mexicans for Bill Richardson v. Gonzales, 64 F.3d 1495, 1502 (10th Cir.1995) (permitting case to proceed because state had “not affirmatively disavowed any intention of bringing criminal prosecution” under the challenged statute); see also Hallandale Prof. Fire Fighters Local 2238 v. City of Hallandale, 922 F.2d 756, 760 (11th Cir.1991) (finding a justiciable controversy when “[a]ll that remained between the plaintiff and the impending harm was the defendant’s discretionary decision—which could be changed—to withhold prosecution”).
citation_b.signal: see
citation_b.identifier: 64 F.3d 1495, 1502
citation_b.parenthetical: permitting case to proceed because state had "not affirmatively disavowed any intention of bringing criminal prosecution" under the challenged statute
citation_b.sentence: See Navegar, Inc. v. United States, 103 F.3d 994, 1000 (D.C.Cir.1997) (“Because it is clear to whom these provisions of the Act would be applied were they to be applied at all, the imminent threat of such prosecutions can be deemed speculative only if it is likely that the government may simply decline to enforce these provisions at all.”); New Mexicans for Bill Richardson v. Gonzales, 64 F.3d 1495, 1502 (10th Cir.1995) (permitting case to proceed because state had “not affirmatively disavowed any intention of bringing criminal prosecution” under the challenged statute); see also Hallandale Prof. Fire Fighters Local 2238 v. City of Hallandale, 922 F.2d 756, 760 (11th Cir.1991) (finding a justiciable controversy when “[a]ll that remained between the plaintiff and the impending harm was the defendant’s discretionary decision—which could be changed—to withhold prosecution”).