[paulajohnson]

I don't think you would need an actual criminal case. "Chilling effects" (i.e. people can't find out the law, and hence might refrain from lawful behavior) would seem to be sufficient.

[huffmsa]

Might work, although it might not carry the same weight as full blown criminal proceedings.

Now if you could show that the chilling effect was detrimental to something like business in the state, that might be better.