Page:United States v. Hansen.pdf/4

4 Amendment at all, e.g., smuggling noncitizens into the country. Because these types of cases are heartland clause (iv) prosecutions, the “plainly legitimate sweep” of the provision is extensive. To the extent clause (iv) reaches any speech, it stretches no further than speech integral to unlawful conduct, which is unprotected. See, e.g., Giboney v. Empire Storage & Ice Co., 336 U. S. 490, 502. Hansen, on the other hand, fails to identify a single prosecution for ostensibly protected expression in the 70 years since Congress enacted clause (iv)’s immediate predecessor. Instead, he offers a string of hypotheticals, all premised on the expansive ordinary meanings of “encourage” and “induce.” None of these examples are filtered through the traditional elements of solicitation and facilitation—most importantly, the requirement that a defendant intend to bring about a specific result. Because clause (iv) does not have the scope Hansen claims, it does not produce the horribles he parades. Hansen also resists the idea that Congress can criminalize speech that solicits or facilitates a civil violation, and some immigration violations are only civil. But even assuming that clause (iv) reaches some protected speech, and even assuming that its application to all of that speech is unconstitutional, the ratio of unlawful-to-lawful applications is not lopsided enough to justify facial invalidation for overbreadth. Pp. 17–20.

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