Should the jury have been allowed to convict the defendants on the hypothetical existence of all of the elements of a RICO Conspiracy?

QUESTIONS PRESENTED Petitioners were convicted of RICO Conspiracy, 18 U.S.C. §1962(d). The district court inserted the future-tense language, “or would”, for all of the elements of the charge. The Sixth Circuit majority opinion affirmed, joining a minority of circuits. The majority of circuits require proof of the existence of an enterprise. The questions presented are: I. Should the jury have been allowed to convict the defendants on the hypothetical existence of all of the elements of a RICO Conspiracy? II. Did the jury instruction violate the defendants’ right to free speech in violation of the First Amendment by punishing mere talk?