Apparently Garling was also empowered to file informations in the name of the attorney-general, although it is not clear whether this involved actually prosecuting criminals.

If it was necessary to actually prosecute someone before extradition between EU countries, this would be quite bad since it would mean that prosecution in cases like this would happen before even questioning the suspect.

Rehnquist's dissenting opinion agreed that serious First Amendment concerns would arise if the government actually prosecuted, say, the producers of Traffic or American Beauty under CPPA.

In 1863, for example, the authorities actually prosecuted 624 cases of illegal felling of trees.

They looked at changes before and after 9/11with regard to how the FBI is actually prosecuting cases, and the quick message is they've become far more proactive over time.

The lawyer knew all too well the FBI's ability to harass without actually prosecuting.

They can consider Mr. Gore's state of mind and weigh whether the Justice Department would actually prosecute such an offense under a somewhat obscure 1883 law.

"Even if there isn't a single case where they actually prosecuted, there's a famous chilling effect," says Leon Friedman, a lawyer for PEN and Arcade who helped bring the lawsuit.

It is uncertain whether the government will actually prosecute him, however.

But the article does not mention the lawyers who actually prosecuted the Howard Beach defendants.