Cite as: 528 U. S. 32 (1999)
Syllabus
for example—its claim does not fall within the case law allowing courts to entertain facial challenges. No threat of prosecution, see Gooding v. Wilson, 405 U. S. 518, 520-521, or cut off of funds, see National Endowment for Arts v. Finley, 524 U. S. 569, hangs over their heads. The alternative bases for affirmance urged by respondent will remain open on remand if properly presented and preserved in the Ninth Circuit. Pp. 37-41.
146 F. 3d 1133, reversed.
Rehnquist, C. J., delivered the opinion of the Court, in which O'Connor, Scalia, Souter, Thomas, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, post, p. 41. Ginsburg, J., filed a concurring opinion, in which O'Connor, Souter, and Breyer, JJ., joined, post, p. 42. Stevens, J., filed a dissenting opinion, in which Kennedy, J., joined, post, p. 44.
Thomas C. Goldstein argued the cause for petitioner. With him on the briefs were David Boies, James K. Hahn, and Frederick N. Merkin.
Edward C. DuMont argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Acting Assistant Attorney General Ogden, Deputy Solicitor General Kneedler, Leonard Schaitman, and John S. Koppel.
Bruce J. Ennis argued the cause for respondent. On the brief were Guylyn R. Cummins and Marcelle E. Mihaila.*
*A brief of amici curiae urging reversal was filed for the State of New York et al. by Eliot Spitzer, Attorney General of New York, Preeta D. Bansal, Solicitor General, Peter H. Schiff, Deputy Solicitor General, and Daniel Smirlock, Assistant Attorney General, and by the Attorneys General for their respective States as follows: Bill Lockyer of California, Ken Salazar of Colorado, M. Jane Brady of Delaware, Margery S. Bronster of Hawaii, Alan G. Lance of Idaho, Thomas J. Miller of Iowa, Richard P. Ieyoub of Louisiana, Frankie Sue Del Papa of Nevada, Betty D. Montgomery of Ohio, Charles M. Condon of South Carolina, and Christine O. Gregoire of Washington.
Briefs of amici curiae urging affirmance were filed for the Direct Marketing Association by Robert L. Sherman; for the Individual Reference Services Group et al. by Ronald L. Plesser, James J. Halpert, and Emilio W. Cividanes; for Investigative Reporters and Editors, Inc., by David
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