The plaintiffs take the first path to standing. They argue that they intend “to engage in a course of conduct arguably affected with a constitutional interest, but proscribed by a statute, and there exists a credible threat of prosecution thereunder.”
They show that they already have plans under way to access employment websites to evaluate their treatment of race and gender.
The court takes this to be sufficient to that a threat of prosecution is aimed at a concrete and particularized activity.