Whether the First Circuit erred in upholding 18 U.S.C. § 2261A (2)(B) (2013) against a First Amendment challenge by holding that the statute "regulates not speech, but conduct," creating a circuit split both within the First Circuit and with Eighth Circuit and the Fourth Circuit by way of the District of Maryland on that important issue and by rejecting Petitioner's overbreadth challenge for lack of "veridical examples" of actual prosecutions under the statute while refusing to consider practical hypotheticals of proscribed protected speech in conflict with United States v. Stevens , 559 U.S. 460 (2010), which deepens a circuit split between the Fourth, Fifth, Eighth, and Ninth Circuits that have properly applied Stevens and the Tenth and Eleventh Circuits that, like the First Circuit, have flouted Stevens.

Whether the First Circuit erred in upholding 18 U.S.C. § 2261A(2)(B) (2013) against a First Amendment challenge