Jackson, J., dissenting
the plain text of the encouragement provision, there is no dispute that, “[i]n ordinary parlance, ‘induce’ means ‘[to] lead on; to influence; to prevail on; to move by persuasion or influence,’ ” and “ ‘encourage’ means to ‘inspire with courage, spirit, or hope.’ ” Ante, at 9. Thus, on its face, the encouragement provision’s use of the terms “encourage” and “induce” seems to encompass any and all speech that merely persuades, influences, or inspires a noncitizen to come to, enter, or reside in this country in violation of law.
If speech of this nature is, in fact, sufficient to trigger potential prosecution under this statute, the provision would put all manner of protected speech in the Government’s prosecutorial crosshairs. It would reach, for example, the grandmother who says she misses her noncitizen grandchild, leading the grandchild to move illegally to the United States. It would also apply to the doctor who informs a noncitizen patient that a necessary medical treatment is more readily available in the United States, influencing the patient to stay beyond the expiration of his visa to await treatment. The college counselor who advises an undocumented student that she can obtain a private scholarship to attend college in the United States, inspiring the student to reside here, would also fall within the scope of the statute.
The encouragement provision, on this broad reading, would also punish abstract advocacy of illegal conduct, even though such speech is plainly permissible under the First Amendment. For instance, the plain text of the statute appears to prohibit a person from saying to a noncitizen who has no authorization to reside here, “I encourage you to live in the United States.” But that speech is plainly protected. See United States v. Williams, 553 U. S. 285, 298–300 (2008). In Williams, this Court explained that “abstract advocacy” of child pornography—including the phrase “I encourage you to obtain child pornography”—qualifies as protected speech, even though the “recommendation of a
