United States v. Hansen
2023 United States Supreme Court case / From Wikipedia, the free encyclopedia
United States v. Hansen, 599 U.S. 762 (2023), was a United States Supreme Court case about whether a federal law that criminalizes encouraging or inducing illegal immigration is unconstitutionally overbroad, violating the First Amendment right to free speech.
Quick Facts United States v. Hansen, Argued March 27, 2023 Decided June 23, 2023 ...
United States v. Hansen | |
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Argued March 27, 2023 Decided June 23, 2023 | |
Full case name | United States v. Helaman Hansen |
Docket no. | 22-179 |
Citations | 599 U.S. 762 (more) 143 S. Ct. 1932 |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior | Defendant convicted, and motion to dismiss two counts denied (E.D. Cal. 2017); vacated and remanded in part, 25 F.4th 1103 (9th Cir. 2022); rehearing denied, 40 F.4th 1049 (9th Cir. 2022); cert. granted (Dec. 9, 2022) |
Questions presented | |
Whether the federal criminal prohibition against encouraging or inducing unlawful immigration for commercial advantage or private financial gain, in violation of 8 U.S.C. 1324(a)(1)(A)(iv) and (B)(i), is facially unconstitutional on First Amendment overbreadth grounds. | |
Holding | |
Because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad. | |
Court membership | |
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Case opinions | |
Majority | Barrett, joined by Roberts, Thomas, Alito, Kagan, Gorsuch, Kavanaugh |
Concurrence | Thomas |
Dissent | Jackson, joined by Sotomayor |
Laws applied | |
U.S. Const. amend. I |
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