The First Amendment Prohibits the Criminalization of the Solicitation of Conduct That Is Unlawful but Not Criminal

Justice Kagan wanted to know why the government's representation, that it wouldn't go after cases where say a doctor or lawyer or religious group said to someone, you know, I hope you stay here. So what she's asking basically is, are we encouraging the government to basically reach for the moon if it can always say when it gets to the court, actually the jury should just have been instructed more narrowly? Justice Alito also asked a question that maybe relates in interesting ways to current political developments and maybe could even have a Wisconsin hook.