| United States v. Hansen | |
|---|---|
 | |
| 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 ยง1324(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 | |
| |
| 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 | |
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.