The Ninth Circuit's Grandma Mock Question

The Ninth Circuit asked that Chief Justice Roberts, that was the very first question and I call it the grandma mock question. The government clearly was saying no because in their point was simply there is no substantial participation by the defendant as opposed to just advocacy speech. Alito said that the defendant was not prosecuted for engaging in speech, the defendant was prosecuted for conduct and the defendant who didn't engage in speech can't now make a free speech argument. Kagan also chimed in on similar thoughts, when should the court be allowed to narrowly construe a statute to keep it constitutional.