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10.8: A Sample Visual Argument Analysis

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• Page ID 82027

• Saramanda Swigart
• City College of San Francisco

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The essay "An Image Is Worth a Thousand Calls to Arms" by Saramanda Swigart analyzes a visual argument.

• Sample visual argument analysis essay "An Image Is Worth a Thousand Calls to Arms" in PDF with margin notes
• Sample visual argument analysis essay "An Image Is Worth a Thousand Calls to Arms" accessible version with notes in parentheses

Argumentative Essay Guide

Argumentative Essay Outline

Argumentative Essay Outline: How to Structure Your Argumentative Essay

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Preparing to write an argumentative essay but don’t know where to start?

Making an outline is an important step in prewriting. Having a defined outline makes the essay writing process much simpler. It helps you logically present your ideas and saves you from getting stuck with writer’s block. 

In this blog, we are going to teach you about how to write an outline for your essay. You’ll also get examples and templates to help you out.

So continue reading!

• 1. How To Write An Argumentative Essay Outline?
• 2. Types of Arguments and Argumentative Essay Outlines
• 3. Argumentative Essay Outline Examples

How To Write An Argumentative Essay Outline?

A simple argumentative essay outline follows the same structure as any other type of essay. The difference lies in the content of the body paragraphs. Unlike a persuasive essay, where the focus is on convincing the reader through emotional appeals, the argumentative essay presents the argument.

Some paragraphs introduce your own argument, while others state the opposing arguments and their refutations. 

Here is an argumentative essay outline template you could follow for writing your essay:

The most common structure to craft an argumentative essay is as follows:

1. Argumentative Essay Introduction 

The introductory paragraph introduces the main argument and provides a brief background of the argumentative essay topic you chose. Essay introductions act as a roadmap for the entire essay. For an argumentative essay, this is where you lay the foundation for your argument.  An introduction comprises the following essential components: 

• Hook Statement

A hook statement is written to grab the attention of your reader immediately. It should intrigue the reader and make them read the complete essay. For example, if you are writing an argumentative essay on animal testing, your hook statement could be: 

• Background Information 

Provide brief background information about your argument and the main claim of your essay. It will make it easier for the reader to understand the argument you will make in your essay.  For example:

• Thesis Statement

An argumentative essay thesis statement should highlight your perspective, stance, and reason for your position. A thesis statement must be clearly defined, arguable, and defendable. It should express the importance of your argument and a reason why the reader should read your essay. For Example:

In case you're looking for some inspiration for your topic, check out our argumentative essay topics blog!

2. Argumentative Essay Supporting Paragraphs 

In the body paragraph, you present your point of view and provide evidence that supports your argument. The goal here is to explain how valid your claim is by providing evidence that strengthens your argument. 

For Example:

Here are four basic things that a body paragraph should state.

a. The purpose: Why are you making an argument about a particular issue? 

b. Topic sentence: This is a fact or an example that helps the reader better understand your argument. The topic sentence of a paragraph should focus on just one point.

c. Provide evidence: State facts with examples and statistics that support your thesis statement and the topic sentence. Make sure that you have collected authentic evidence from credible sources. 

d. Concluding sentence: The concluding sentence should reassert how the topic sentence helps the reader better understand the claim. 

3. Argumentative Essay Counter Arguments Paragraph 

The counter-argument is the other side of the issue that you will prove wrong by stating the specific reasons. In this paragraph, you mention the opposing views that the reader might pose against your argument and refute them.  Conclude this paragraph by reasserting the thought provoking central idea of your essay.

4. Argumentative Essay Conclusion

A good argumentative essay conclusion summarizes the entire discussion of the essay and provides a call to action. It holds the same significance as the introduction paragraph. Here, you restate your thesis statement to remind the reader of your essay’s overall argument. Tell the reader that you have critically analyzed both sides of the argument. And based on the evidence, you have proved your side of the argument right. Explain the importance of your argument and bring your discussion to a logical end. You can propose a solution if your claim has specified a problem or make future predictions about the claim. Tell your reader the consequences if your argument is not believed and what good will happen if it's believed.

Here is an example:

Use the following argumentative essay outline graphic organizer to structure your essay efficiently.

Argumentative Essay Outline Graphic Organizer

Here’s a video demonstrating how you can prepare an argumentative essay outline:

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Types of Arguments and Argumentative Essay Outlines

Your argumentative essay structure is affected by the type of argument you are using. There are three argumentative writing models: Classical, Rogerian, and Toulmin. 

Let's take a look at each one:

Classical Argument

The classical argument is the oldest and most used argument model. It is based on the principles of rhetoric, which is the art of persuasion. This type of argument has a clear structure with distinct steps, making it an ideal choice for an essay or paper.

Here is the classical argumentative writing structure.

Classical Argumentative Essay Outline Template

Rogerian argument.

The Rogerian model allows both sides of an issue to be discussed to reach a common ground.

Unlike the classical approach, the Rogerian argument seeks to understand both sides of an issue before moving forward. This style of argumentation does not look for a single ‘right’ answer but seeks to create a dialogue between all parties.

Rhetorical Rogerian Argumentative Essay Outline Template

Toulmin argument.

The Toulmin argument is a model that breaks down an issue into its component parts to analyze it more thoroughly. The Toulmin argument is composed of six parts: a claim, grounds, warrant, backing, qualifier, and rebuttal.

The first part lays out the main point being argued (the “claim”) . This is followed by the evidence that supports it (the “grounds”) . It is then connected to an underlying assumption or principle (the “warrant”) . 

The warrant is then supported by additional evidence (the “backing”) , which may be followed by qualifications (the “qualifier”) . Finally, the argument may anticipate and address possible counterarguments (the “rebuttal”) .

Toulmin Argumentative Essay Outline Template

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Need more sample essays to get a better idea? Give our argumentative essay examples a read!

The Bottom Line! We've covered all the essential elements of structuring your argumentative essay. With this guide, you're now well-prepared to craft a compelling essay that effectively presents your viewpoint and supports your argument with evidence. 

Remember the key components: the introduction that hooks your reader, a clear thesis statement, well-organized body paragraphs, counterarguments, and a strong conclusion. Don't forget to cite your sources properly to give credibility to your work. 

If you are unable to craft a perfect outline, you can always seek the help of an expert and professional essay writer at MyPerfectWords.com.

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Nova Allison is a Digital Content Strategist with over eight years of experience. Nova has also worked as a technical and scientific writer. She is majorly involved in developing and reviewing online content plans that engage and resonate with audiences. Nova has a passion for writing that engages and informs her readers.

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Exploring Argument Writing With Visual Tools

Teachers can have students use graphic organizers and timelines to clarify their thinking during the writing process.

As a teacher who loves to write and engage students with writing, I’ve experienced many challenges in attempting to bring composition into the classroom. While some students readily fill up blank pages with words inspired by their lives and stories they love, others are seemingly always in search of the best words.

More challenging still are those moments when I’ve led students through the steps necessary for expository and research-based argument writing. I’ve found that my students who are comfortable with the narrative mode are now thrust into compositing in a way that is unfamiliar ground.

This article explores some ways I’ve applied graphic organizers and visual planning strategies to the work of argument writing—which is perhaps the mode I consider the most challenging in the classroom.

Sifting Content

First among the challenges for argument is the way that debate and disagreement are often portrayed in popular culture—shouting matches and interruption rounds where it seems that the loudest voice wins out. In my classroom, the approach that I attempt to foster for argument is one of thoughtful intention and wisely applied rhetorical strategies.

As with much of the secondary curriculum I have worked with from middle-grades English to advanced composition, sorting information into categories (ethos/ethics, logos/logic, and emotion/pathos) is a helpful step once a topic is shared and resources are gathered.

But sorting through multiple paragraphs and pages in search of the “just right” evidence can be challenging and is a critical reading practice all on its own. To support these steps in criticality, I suggest that students create a simple three-column chart in which they can begin to sort the emotional, logical, and ethics-driven elements of their argument. Using a visual scaffold to support exploration of a complex reading is an essential step for me—and I used a similar strategy just this past week in my junior-level English class to sort out ideas and compare the writings of Thomas Hobbes and John Locke.

By sorting ideas in this way, students can physically see how balanced their argument actually is, and they can begin thinking about what they need to ramp up for the eventual presentation of the case. 

Gathering Further Ideas

Another challenge in composing arguments is not only sorting and interpreting information, but also applying it in a way that includes informative and persuasive techniques.

As students consider the ways to apply these skills, they can begin to think through additional sources that they can use to build their foundation for thinking about the issues they’re presenting and noting the sources that help them build the strongest case. This type of exploring and writing is especially important when practicing synthesizing ideas across multiple sources.

On the surface, this process sounds like reading and rereading multiple sources (and it is). However, I apply a visual scaffold to this process to help students think about how their resources are linked and support or contradict each other. I illustrate the claim, counterclaim, and rebuttal aspects of argument structure through a visual outline, but the work of fleshing out these sections of the discussion takes place best in a mind map structure.

A simple three-circle Venn diagram can help students begin placing ideas into the claim section, and they can explore how authors overlap ideas with one another through this graphic organizer format. Ideally, they reach a point where the strongest ideas are in the center “target” point of the argument structure. They can think about best placement of these strongest ideas as leading points or final rebuttals—depending on what they want to leave their audience with. This approach is also helpful for relieving some of the stress that can surround framing what might be a challenging and less comfortable form of writing.

The additional details they gather can then be sorted further into areas of the argument structure that make sense.

Establishing Timelines

Further adapting the outline style, I encourage students to think about the argument as a timeline wherein their audience is most likely to connect with information early and remember information late. Outlining is almost always a building block of what I ask students to engage with when composing. For debates and discussions in our class, writing a timeline is an effective process.

From this timeline (prompting discussion and exploration of evidence and argument), students can practice writing their own arguments and responses by modifying it and including aspects of evidence and ideas they want to share (in whatever particular order they'd like to present their research).

Crafting Closing Arguments

By approaching an argument step-by-step, as discussion and collaboration that improves through a process, I have the goal of making what might seem complicated and overwhelming much more attainable and inviting—even, dare I say, active and interesting.

I recognize that many of my students might not have had vast experiences with all of the modes of writing and composing, and I take into account that some will be more naturally inclined to some ways of writing and sharing than others. Some students eagerly take the lead in an oral debate process, while others more readily engage in the research roles and independent writing components of the work.

As with much of my work in literacy, I attempt to make an invisible process clear and visual—in this case, through graphic organizers. I am aware that teachers might find other graphic organizer options that work more effectively at particular aspects of the argument process. For example, the Venn diagram might not communicate in the ways that a teacher may want, and so a flow chart/mind map or T-chart might work as a better substitute.

I encourage teachers to modify any steps in order to better support their students and focus on the importance of critical thinking and composing for all students.

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Organizing Your Analysis

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There is no one perfect way to organize a rhetorical analysis essay. In fact, writers should always be a bit leery of plug-in formulas that offer a perfect essay format. Remember, organization itself is not the enemy, only organization without considering the specific demands of your particular writing task. That said, here are some general tips for plotting out the overall form of your essay.

Introduction

Like any rhetorical analysis essay, an essay analyzing a visual document should quickly set the stage for what you’re doing. Try to cover the following concerns in the initial paragraphs:

• Make sure to let the reader know you’re performing a rhetorical analysis. Otherwise, they may expect you to take positions or make an evaluative argument that may not be coming.
• Clearly state what the document under consideration is and possibly give some pertinent background information about its history or development. The intro can be a good place for a quick, narrative summary of the document. The key word here is “quick, for you may be dealing with something large (for example, an entire episode of a cartoon like the Simpsons). Save more in-depth descriptions for your body paragraph analysis.
• If you’re dealing with a smaller document (like a photograph or an advertisement), and copyright allows, the introduction or first page is a good place to integrate it into your page.
• Give a basic run down of the rhetorical situation surrounding the document: the author, the audience, the purpose, the context, etc.

Thesis Statements and Focus

Many authors struggle with thesis statements or controlling ideas in regards to rhetorical analysis essays. There may be a temptation to think that merely announcing the text as a rhetorical analysis is purpose enough. However, especially depending on your essay’s length, your reader may need a more direct and clear statement of your intentions. Below are a few examples.

1. Clearly narrow the focus of what your essay will cover. Ask yourself if one or two design aspects of the document is interesting and complex enough to warrant a full analytical treatment.

The website for Amazon.com provides an excellent example of alignment and proximity to assist its visitors in navigating a potentially large and confusing amount of information.

2. Since visual documents often seek to move people towards a certain action (buying a product, attending an event, expressing a sentiment), an essay may analyze the rhetorical techniques used to accomplish this purpose. The thesis statement should reflect this goal.

The call-out flyer for the Purdue Rowing Team uses a mixture of dynamic imagery and tantalizing promises to create interest in potential, new members.

3. Rhetorical analysis can also easily lead to making original arguments. Performing the analysis may lead you to an argument; or vice versa, you may start with an argument and search for proof that supports it.

A close analysis of the female body images in the July 2007 issue of Cosmopolitan magazine reveals contradictions between the articles’ calls for self-esteem and the advertisements’ unrealistic, beauty demands.

These are merely suggestions. The best measure for what your focus and thesis statement should be the document itself and the demands of your writing situation. Remember that the main thrust of your thesis statement should be on how the document creates meaning and accomplishes its purposes. The OWl has additional information on writing thesis statements.

Analysis Order (Body Paragraphs)

Depending on the genre and size of the document under analysis, there are a number of logical ways to organize your body paragraphs. Below are a few possible options. Which ever you choose, the goal of your body paragraphs is to present parts of the document, give an extended analysis of how that part functions, and suggest how the part ties into a larger point (your thesis statement or goal).

Chronological

This is the most straight-forward approach, but it can also be effective if done for a reason (as opposed to not being able to think of another way). For example, if you are analyzing a photo essay on the web or in a booklet, a chronological treatment allows you to present your insights in the same order that a viewer of the document experiences those images. It is likely that the images have been put in that order and juxtaposed for a reason, so this line of analysis can be easily integrated into the essay.

Be careful using chronological ordering when dealing with a document that contains a narrative (i.e. a television show or music video). Focusing on the chronological could easily lead you to plot summary which is not the point of a rhetorical analysis.

A spatial ordering covers the parts of a document in the order the eye is likely to scan them. This is different than chronological order, for that is dictated by pages or screens where spatial order concerns order amongst a single page or plane. There are no unwavering guidelines for this, but you can use the following general guidelines.

• Left to right and top to down is still the normal reading and scanning pattern for English-speaking countries.
• The eye will naturally look for centers. This may be the technical center of the page or the center of the largest item on the page.
• Lines are often used to provide directions and paths for the eye to follow.
• Research has shown that on web pages, the eye tends to linger in the top left quadrant before moving left to right. Only after spending a considerable amount of time on the top, visible portion of the page will they then scroll down.

Persuasive Appeals

The classic, rhetorical appeals are logos, pathos, and ethos. These concepts roughly correspond to the logic, emotion, and character of the document’s attempt to persuade. You can find more information on these concepts elsewhere on the OWL. Once you understand these devices, you could potentially order your essay by analyzing the document’s use of logos, ethos, and pathos in different sections.

The conclusion of a rhetorical analysis essay may not operate too differently from the conclusion of any other kind of essay. Still, many writers struggle with what a conclusion should or should not do. You can find tips elsewhere on the OWL on writing conclusions. In short, however, you should restate your main ideas and explain why they are important; restate your thesis; and outline further research or work you believe should be completed to further your efforts.

Trying to devise a structure for your essay can be one of the most difficult parts of the writing process. Making a detailed outline before you begin writing is a good way to make sure your ideas come across in a clear and logical order. A good outline will also save you time in the revision process, reducing the possibility that your ideas will need to be rearranged once you've written them.

The First Steps

Before you can begin outlining, you need to have a sense of what you will argue in the essay. From your analysis and close readings of primary and/or secondary sources you should have notes, ideas, and possible quotes to cite as evidence. Let's say you are writing about the 1999 Republican Primary and you want to prove that each candidate's financial resources were the most important element in the race. At this point, your notes probably lack much coherent order. Most likely, your ideas are still in the order in which they occurred to you; your notes and possible quotes probably still adhere to the chronology of the sources you've examined. Your goal is to rearrange your ideas, notes, and quotes—the raw material of your essay—into an order that best supports your argument, not the arguments you've read in other people's works. To do this, you have to group your notes into categories and then arrange these categories in a logical order.

Generalizing

The first step is to look over each individual piece of information that you've written and assign it to a general category. Ask yourself, "If I were to file this in a database, what would I file it under?" If, using the example of the Republican Primary, you wrote down an observation about John McCain's views on health care, you might list it under the general category of  "Health care policy." As you go through your notes, try to reuse categories whenever possible. Your goal is to reduce your notes to no more than a page of category listings.

Now examine your category headings. Do any seem repetitive? Do any go together? "McCain's expenditure on ads" and "Bush's expenditure on ads," while not exactly repetitive, could easily combine into a more general category like "Candidates' expenditures on ads." Also, keep an eye out for categories that no longer seem to relate to your argument. Individual pieces of information that at first seemed important can begin to appear irrelevant when grouped into a general category.

Now it's time to generalize again. Examine all your categories and look for common themes. Go through each category and ask yourself, "If I were to place this piece of information in a file cabinet, what would I label that cabinet?" Again, try to reuse labels as often as possible: "Health Care," "Foreign Policy," and "Immigration" can all be contained under "Policy Initiatives." Make these larger categories as general as possible so that there are no more than three or four for a 7-10 page paper.

With your notes grouped into generalized categories, the process of ordering them should be easier. To begin, look at your most general categories. With your thesis in mind, try to find a way that the labels might be arranged in a sentence or two that supports your argument. Let's say your thesis is that financial resources played the most important role in the 1999 Republican Primary. Your four most general categories are "Policy Initiatives," "Financial Resources," "Voters' Concerns," and "Voters' Loyalty." You might come up with the following sentence: ÒAlthough McCain's policy initiatives were closest to the voters' concerns, Bush's financial resources won the voters' loyalty.Ó This sentence should reveal the order of your most general categories. You will begin with an examination of McCain's and Bush's views on important issues and compare them to the voters' top concerns. Then you'll look at both candidates' financial resources and show how Bush could win voters' loyalty through effective use of his resources, despite his less popular policy ideas.

With your most general categories in order, you now must order the smaller categories. To do so, arrange each smaller category into a sentence or two that will support the more general sentence you've just devised. Under the category of "Financial Resources," for instance, you might have the smaller categories of "Ad Expenditure," "Campaign Contributions" and "Fundraising." A sentence that supports your general argument might read: "Bush's early emphasis on fundraising led to greater campaign contributions, allowing him to have a greater ad expenditure than McCain."

The final step of the outlining process is to repeat this procedure on the smallest level, with the original notes that you took for your essay. To order what probably was an unwieldy and disorganized set of information at the beginning of this process, you need now only think of a sentence or two to support your general argument. Under the category "Fundraising," for example, you might have quotes about each candidate's estimation of its importance, statistics about the amount of time each candidate spent fundraising, and an idea about how the importance of fundraising never can be overestimated. Sentences to support your general argument might read: "No candidate has ever raised too much money [your idea]. While both McCain and Bush acknowledged the importance of fundraising [your quotes], the numbers clearly point to Bush as the superior fundraiser [your statistics]." The arrangement of your ideas, quotes, and statistics now should come naturally.

Putting It All Together

With these sentences, you have essentially constructed an outline for your essay. The most general ideas, which you organized in your first sentence, constitute the essay's sections. They follow the order in which you placed them in your sentence. The order of the smaller categories within each larger category (determined by your secondary sentences) indicates the order of the paragraphs within each section. Finally, your last set of sentences about your specific notes should show the order of the sentences within each paragraph. An outline for the essay about the 1999 Republican Primary (showing only the sections worked out here) would look something like this:

I. POLICY INITIATIVES

II.  VOTERS' CONCERNS

III.  FINANCIAL RESOURCES

            A.  Fundraising

                        a.  Original Idea

                        b.  McCain Quote/Bush Quote

                        c.  McCain Statistics/Bush Statistics

            B.  Campaign Contributions

            C.  Ad Expenditure

IV.  VOTERS' LOYALTY

Copyright 2000, David Kornhaber, for the Writing Center at Harvard University

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How to Write Visual Argument Essays: Pros and Cons of Visuals

• by Lesley Loken
• February 6, 2023 February 6, 2023

If you have come across this article and made it here, you must be looking for practical tips to help you write effective visual argument essays.

Writing an effective visual argument is easier than you might think, but only if you know how. This guide will teach you the best way to help you improve your visual essays.

What is the meaning of a Visual Argument?

 A visual argument is a claim that uses images alongside a few words to present a particular idea. Visual arguments are also non-verbal, which means they do not use language alone to communicate their message.

The main purpose of visual arguments is to make an idea more easily understood by the audience, especially if they are less familiar with the subject matter. This makes it easier for the audience to be swayed by the visual argument and understand what you’re trying to say.

For example, when you want to tell someone about something, you could use a video clip to make it easier for them to understand what you’re trying to say. You don’t have to be an expert in that field yourself; instead, just choose one of your favorite clips from YouTube and share it with them.

If possible, try finding videos with high production values so that there is more clarity in terms of what’s being presented. With a little practice, anyone can start making their visuals!

What is a Visual Argument Essay?

A visual argument essay is a type of persuasive essay that uses visual evidence to support its claims. A visual argument essay is an argumentative essay that includes photos or illustrations. Using visuals in your argumentative essays is a good idea, especially if you want to make your points stronger.

A visual argument essay is a form of persuasion and can use to persuade people by showing them how they feel about something. The pictures can also help you explain your points and make them more memorable.

You can also use pictures in your persuasive PowerPoint presentation or any other presentation that requires visual elements, such as a video or documentary.

How to write a visual Argument Essay

Brainstorm and research for your paper.

Researching your topic thoroughly is one of the most important parts of essay writing . You need to find out all the information you can about your topic, including the opinions and opinions of others.

Brainstorming is the process of generating multiple ideas for a paper. First, you need to gather information about your topic. You could do this by reading articles or books about the topic and looking up relevant websites.

Next, you should think about organizing your ideas into an argument. A good way to do this is by writing down all the points you find interesting and important in your research. These might include facts, statistics, quotes, or arguments from experts or even other people who have similar interests as yourself.

Gather Relevant Images and Videos

Visual argument essays require gathering pictures and videos related to your topic. These items can be found on any number of websites or textbooks.

You should make sure that the images you choose are relevant, though, so that they support your thesis. It’s also important not to use too many images since this can make it difficult for readers to follow along.

Put your Essay together

The most important thing you need to do when writing an essay is to organize your ideas into a logical structure. An argument essay will begin with a thesis statement and end with some sort of conclusion.

The thesis statement should be the main idea of your essay. It should be clear and concise but also supported by evidence that shows why you believe what you do.

Once you’ve settled on a thesis statement, it’s time to develop your argumentative skills! To ensure that your reader understands what you want them to know, use examples, metaphors and analogies to help clarify your points.

In addition to developing arguments based on facts and concepts, you should also consider how the audience might react to different information or perspectives. This can help show them where they disagree with your viewpoints and how they might change their minds based on these new facts or arguments.

Tips and ideas for a Visual Argument Essay

1. be accurate.

The first tip is to be accurate. If you are using pictures in your argument, you must use the best quality pictures possible.

The easiest way to do this is to go online and look at other visual arguments that have been done before. This will help you see how other people have used their photos and what works well and what doesn’t.

It will also give you some ideas about what kind of pictures work best with each specific piece of writing you are trying to write.

2. Use clear visuals

One of the most important things to do is ensure that your visuals are clear and easy to understand.

For example, if you were writing about a problem in your community, you would want to show how people are affected by it. Show what steps are taken by the government or others within the community to solve this problem.

You can use photos or other images to help make this point. You could also use charts and graphs that show how many people have been affected by this problem and how many resources have been spent trying to solve it.

3. Add good text

A visual argument essay will require you to add some text to it. You can use this space to write about your opinion on the topic, or you can use it to give examples of things that support your argument.

The most important thing is that you make sure that your text is well-written and edited so that it looks professional. In addition, make sure that there are no typos in the text because this will make the reader think less of you and make your paper seem unprofessional.

4. Be brief

The visual argument essay is a visual essay, meaning you must make it visually appealing. This is something that can be achieved by keeping the images short and simple but also by using specific fonts and colors meant to attract your audience’s attention.

You can also use different camera angles or perspectives to give your audience more information about what you are trying to say.

Pros and cons of visual argument essays

Here are some advantages of using visual arguments:

• It helps to connect with the audience better because pictures are easier to understand than words. When people can see something, they have a better chance of understanding it better.
• It is also easier to understand when you have visuals in your essay because you don’t need to read between the lines or guess what might happen based on your knowledge of English and its grammar rules.

You just need to look at what’s being shown in front of you and make sense of it by reading it out loud or writing down what you understood from the text.

Disadvantages

• It requires more time: If you want your paper to be graded properly, then you should ensure that your work is well-done and professional. However, this aspect becomes a bit more challenging when it comes to visual argument essays. You need to create an image for every aspect of your argument so that other readers and judges can easily understand it.
• The paper is too long: The length of the paper can be an issue if you don’t have a lot of time to complete it. You need to make sure that your writing skills match the task at hand.

How to Write a Visual Analysis Essay: Examples & Template

A visual analysis essay is an academic paper type that history and art students often deal with. It consists of a detailed description of an image or object. It can also include an interpretation or an argument that is supported by visual evidence.

In this article, our custom writing experts will:

• explain what a visual analysis is;
• share useful tips on how to write a good visual analysis essay;
• provide an essay sample.
• 🎨 Visual Analysis Definition
• 🏺 Artwork Analysis Tips
• ✅ Visual Analysis Writing Guide
• 📑 Example & Citation Tips

🎨 What Is a Visual Analysis?

The primary objective of visual analysis is to understand an artwork better by examining the visual elements. There are two types of visual analysis: formal and contextual.

• A formal analysis focuses on artwork elements such as texture, color, size, and line. It aims to organize visual information and translate it into words. A formal analysis doesn’t interpret the piece.
• Unlike formal analysis, contextual analysis’ primary goal is to connect artwork to its purpose or meaning within a culture. A contextual analysis includes formal analysis. Additionally, it discusses an artwork’s social purpose and significance.

Usually, students deal with formal visual analysis. Before starting to work on your essay, make sure to ask your professor whether to include contextual analysis or not.

The Purpose of Analyzing Images

Why is visual analysis important? What does it help to learn? There are several things that visual analysis helps with:

• It allows students to enhance their appreciation of art.
• It enables students to develop the ability to synthesize information.
• It encourages students to seek out answers instead of simply receiving them.
• It prompts higher-order critical thinking and helps to create a well-reasoned analysis.
• By conducting visual analysis, students learn how to support and explain their ideas by studying visual information.

What Is Formal Analysis: Art History

When we look at an artwork, we want to know why it was created, who made it, and what its function was. That’s why art historians and researchers pay special attention to the role of artworks within historical contexts.

Visual analysis is a helpful tool in exploring art. It focuses on the following aspects:

• Interpretation of subject matter ( iconography). An iconographic analysis is an explanation of the work’s meaning. Art historians try to understand what is shown and why it is depicted in a certain way.
• The analysis of function. Many works of art were designed to serve a purpose that goes beyond aesthetics. Understanding that purpose by studying their historical use helps learn more about artworks. It also establishes a connection between function and appearance.

Formal Analysis: Art Glossary

Now, let’s look at some visual elements and principles and learn how to define them.

Visual Elements :

Visual Principles :

🏺 How to Analyze Artworks: Different Types

Writing a formal analysis is a skill that requires practice. Being careful and attentive during the pre-writing stage is essential if you want to create a good and well-structured visual analysis. 

Visual analysis essay mainly consists of two components:

• Description of the selected image or object,
• Interpretation built on the visual evidence.

During the pre-writing stage:

• Collect general information about an artwork. Describe it briefly. Pay special attention to visual elements and principles:
• Develop an interpretation. Think critically. What does the information in your notes imply? How can it be interpreted?
• Support your ideas. To do it, refer to the visual elements directly. Avoid generalizing art and double-check your prompts. 

How to Analyze a Painting Using the Elements of Art

To write an excellent formal visual analysis, you need to consider as many visual principles and elements as you can apply. In the formal analysis part:

• Target your description;
• Address only those elements relevant to your essay;
• Pay attention to visual elements and principles;
• Introduce the subject of the painting and describe it;
• Explain why you have decided to discuss specific elements;
• Discuss the relationship between visual elements of the artwork;
• Use the vocabulary terms.

If you are asked to do a contextual analysis , you may want to:

• Focus on the historical importance of an artwork;
• Explore the style or movement associated with an artwork;
• Learn about the historical context and the public’s reaction to the artwork;
• Learn about the author and how they’ve created the piece of art.

Painting Analysis Essay Example & Tips

Here is a template you can use for your essay.

Now, let’s take a look at an essay example.

How to Analyze a Photograph

Analyzing photos has a lot in common with paintings. There are three methods on which photo visual analysis relies: description, reflection, and formal analysis. Historical analysis can be included as well, though it is optional.

• Description . It implies looking closely at the photo and considering all the details. The description needs to be objective and consists of basic statements that don’t express an opinion.
• Reflection. For the next step, focus on the emotions that the photograph evokes. Here, every viewer will have a different opinion and feelings about the artwork. Knowing some historical context may be helpful to construct a thoughtful response.
• Formal analysis . Think of the visual elements and principles. How are they represented in the photograph?
• Historical analysis. For a contextual analysis, you need to pay attention to the external elements of the photograph. Make sure that you understand the environmental context in which the photo was taken. Under what historical circumstances was the picture made?

Photo Analysis Essay Tips

Now that we’ve talked about analyzing a photograph let’s look at some helpful tips that will help you write an essay.

How to Analyze a Sculpture

Visual analysis of a sculpture is slightly different from the one of a painting or a photograph. However, it still uses similar concepts, relies on visual elements and principles. When you write about sculpture, consider:

Visual Analysis Essay on a Sculpture: Writing Tips

A sculpture analysis consists of the following parts:

• Description . Include specific details, such as what the sculpture may represent. For instance, the human figure may be an athlete, an ancient God, a poet, etc. Consider their pose, body build, and attire.
• Formal analysis . Here, visual elements and principles become the focus. Discuss the color, shape, technique, and medium.
• Contextual analysis . If you decide to include a contextual analysis, you can talk about the sculpture’s function and how it conveys   ideas and sentiments of that period. Mention its historical and cultural importance.

When it comes to sculpture analysis, you may also want to collect technical data such as:

• The size of the sculpture
• Medium (the material)
• The current condition (is it damaged, preserved as a fragment, or as a whole piece)
• Display (Was a sculpture a part of an architectural setting, or was it an independent piece of work?)

For instance, if you were to do a visual analysis of Laocoön and His Sons , you could first look up such details:

• Location: Discovered in a Roman vineyard in 1506
• Current location: Vatican
• Date: Hellenistic Period (323 BCE – 31 CE)
• Size: Height 208 cm; Width 163 cm; Depth 112 cm
• Material: Marble
• Current condition: Missing several parts.

Visual Analysis Essay: Advertisement Analysis

Visuals are used in advertisements to attract attention or convince the public that they need what is being advertised. The purpose of a visual argument is to create interest. Advertisements use images to convey information and communicate with the audience.

When writing a visual analysis of an advertisement, pay attention to the following:

• text elements,
• illustrations,
• composition.

All of this influences how the viewer perceives the information and reacts to it.

When you write about an advertisement, you conduct a rhetorical analysis of its visual elements. Visual rhetoric is mainly directed at analyzing images and extracting information from them. It helps to understand the use of typography, imagery, and the arrangement of elements on the page.

Think of the famous visual rhetoric examples such as the We can do it! poster or a Chanel №5 commercial. Both examples demonstrate how persuasive imagery has been used throughout history.

How to Write a Visual Analysis Paper on an Advertisement

The presentation of visual elements in advertising is essential. It helps to convince the audience. When you analyze visual arguments, always keep the rhetorical situation in mind. Here are some crucial elements to focus on:

✅ How to Write a Visual Analysis Paper: Step by Step

Now, we’ll focus on the paper itself and how to structure it. But first, check out the list of topics and choose what suits you best.

Visual Analysis Essay Topics

There are a lot of artworks and advertisements that can be analyzed and viewed from different perspectives. Here are some essay topics on visual analysis that you may find helpful:

• Analyze Gustav Klimt’s The Kiss (1907-1908.)
• The theme of humanity and The Son of Man (1964) by René Magritte.
• The use of visual elements in Almond Blossom by Vincent van Gogh (1888-1890.)
• Identity and Seated Harlequin (1901) by Picasso .
• Explore the themes of Paul Klee ’s The Tree of Houses , 1918.
• Objectives, activities, and instructions of Pietro Perugino’s fresco The Delivery of the Keys to Saint Peter . 
• Reflection on social issues of the time in Two Fridas by Frida Kahlo and Untitled by Ramses Younan.  
• Analyze the importance of Mural (1943) by Jackson Pollock.  
• The political message in John Gast’s painting American Progress (1872).
• Describe the visual techniques used in Toy Pieta by Scott Avett .
• The interpretation of the painting Indian Fire God by Frederic Remington.
• Explore the historical significance and aesthetic meaning of Ognissanti Madonna by Giotto di Bondone .
• Analyze different interpretations of The Three Dancers by Pablo Picasso .

Photography:

• The idea behind Lindsay Key (1985) by Robert Mapplethorpe.
• Explore the mythical appeal of Robert Capa’s photograph The Falling Soldier (Spain,1936) from Death in Making photobook.
• Describe Two Boys with Fish (2018) from Faith series by Mario Macilau.
• Kevin Carter’s Starving Child and Vulture (1993) as the representation of photojournalism.
• The story behind Philippe Halsman’s Dali Atomicus , 1948.
• Describe The Starving Boy in Uganda photograph by Mike Wells
• Analyse the view of a historic disaster in San Francisco photograph by George R. Lawrence.
• The statement behind Eddie Adams’s photo Shooting a Viet Cong Prisoner .
• How is Steve McCurry’s perception of the world reflected in his photo Afghanistan Girl .
• Analyze the reflection of Ansel Adams’s environmental philosophy in his photo Moon and Half Dome (1960).
• Describe Girl on the Garda Lake (2016) by Giuseppe Milo.
• Combination of internal geometry and true-to-life moments in Behind the Gare Saint Lazare by Henri Cartier-Bresson .
• Modern art and Couple on Seat by Lynn Chadwick (1984.)
• Analyze the biblical context of Pieta (1498-1499) by Michelangelo.
• The use of shapes in Louise Bourgeois’ Spider (1996.)
• Analysis of the symbolism behind The Thinker (1880) by Rodin.
• The historical meaning of Fountain (1917) by Duchamp .
• Analyze the Miniature Statue of Liberty by Willard Wigan 
• The combination of Egyptian culture and classical Greek ideology in statue of Osiris-Antinous.  
• Reflection of the civilization values in emperor Qin’s Terracotta Army . 
• The aesthetic and philosophical significance of Michelangelo’s David .
• Explore the controversial meaning of Damien Hirst’s sculpture For the Love of God (2007).
• Analyze the elements of art and design used in The Thinker by August Rodin .
• Symbolic elements in the Ancient Greek statues of Zeus .
• Depiction of the fundamental aspects of Buddhism in The Parinirvana of Siddhartha/Shakyamuni.

Advertisement:

• How Volkswagen : Think Small (1960) ad changed advertising.
• Analyze the use of figures in California Milk Processor Board: Got Milk? (1993) ad campaign .
• Analyze the use of colors in Coca-Cola — The Pause that Refreshes (1931.)
• Explore the historical context of We Can Do It! (1942) campaign.
• The importance of a slogan in 1947: A Diamond Is Forever by De Beers.
• Examine the specifics of visual advert: dogs and their humans.  
• Describe the use of visual techniques in Kentucky Fried Chicken company’s advertisement.
• Analyze the multiple messages behind the print ad of JBL .
• Discuss the methods used in Toyota Highlander advertisement .
• Elucidation of people’s dependency on social networks in the advertising campaign Followers by Miller Lite.
• The use of the visual arguments in Schlitz Brewing Company advertisement .
• The role of colors and fonts in Viva la Juicy perfume advertisement .

Visual Analysis Essay Outline

You can use this art analysis template to structure your essay:

How to Start an Art Essay

Every analysis starts with an introduction. In the first paragraph, make sure that:

• the reader knows that this essay is a visual analysis;
• you have provided all the necessary background information about an artwork.

It’s also important to know how to introduce an artwork. If you’re dealing with a panting or a photograph, it’s better to integrate them into the first page of your analysis. This way, the reader can see the piece and use it as a reference while reading your paper.

Art Thesis Statement Examples & Tips

Formulating a thesis is an essential step in every essay. Depending on the purpose of your paper, you can either focus your visual analysis thesis statement on formal elements or connect it with the contextual meaning. 

To create a strong thesis, you should relate it to an artwork’s meaning, significance, or effect. Your interpretation should put out an argument that someone could potentially disagree with. 

• For instance, you can consider how formal elements or principles impact the meaning of an artwork. Here are some options you can consider:
• If your focus is the contextual analysis, you can find the connection between the artwork and the artist’s personal life or a historical event.

How to Write Visual Analysis Body Paragraphs

Body paragraphs of formal analysis consist of two parts—the description and the analysis itself. Let’s take Klimt’s The Kiss as an example:

The contextual analysis includes interpretation and evaluation.

Visual Analysis Essay Conclusion

When you work on the conclusion, try to conclude your paper without restating the thesis. At the end of your essay, you can present an interesting fact. You can also try to:

• Compare an artwork to similar ones;
• Contrast your own ideas on the piece with the reaction people had when it was first revealed.
• Talk about an artwork’s significance to the culture and art in general.

📑 Visual Analysis Essay Example & Citation Tips

In this section of the article, we will share some tips on how to reference an artwork in a paper. We will also provide an essay example.

How to Reference a Painting in an Essay

When you work on visual analysis, it is important to know how to write the title of an artwork properly. Citing a painting, a photograph, or any other visual source, will require a little more information than citing a book or an article. Here is what you will need:

• Size dimensions
• Current location
• Name of the piece
• Artist’s name
• Date when artwork was created

If you want to cite a painting or an artwork you saw online, you will also need:

• The name of the website
• Website URL
• Page’s publication date
• Date of your access

How to Properly Credit an Artwork in APA

How to properly credit an artwork in mla, how to properly credit an artwork in chicago format.

Finally, here’s a sample visual analysis of Rodin’s sculpture The Thinker in APA format. Feel free to download it below.

Many people believe that works of art are bound to be immortal. Indeed, some remarkable masterpieces have outlived their artists by many years, gaining more and more popularity with time. Among them is The Thinker, a brilliant sculpture made by Auguste Rodin, depicting a young, athletic man, immersed deep into his thoughts.

You can also look at the following essay samples to get even more ideas.

• The Protestors Cartoon by Clay Bennett: Visual Analysis
• Visual Analysis – Editorial Cartoon
• Visual Analysis: “Dust Storm” Photo by Steve McCurry
• Visual, Aural, Read & Write, Kinesthetic Analysis
• Schlitz Brewing Company Advertisement: Visual Arguments Analysis

Thanks for reading through our article! We hope you found it helpful. Don’t hesitate to share it with your friends.

Further reading:

• How to Write a Lab Report: Format, Tips, & Example
• Literature Review Outline: Examples, Approaches, & Templates
• How to Write a Research Paper Step by Step [2024 Upd.]
• How to Write a Term Paper: The Ultimate Guide and Tips

❓ Visual Analysis FAQs

To write a visual argument essay, you need to use rhetorical analysis. Visual rhetoric is directed at analyzing images and extracting the information they contain. It helps to analyze the visuals and the arrangement of elements on the page.

A well-though contextual analysis will include:

1. formal analysis, 2. some information about the artist, 3. details on when and where the piece was created, 4. the social purpose of the work, 5. its cultural meaning.

It is better to include pictures  in the introduction  part of your paper. Make sure to cite them correctly according to the format you’re using. Don’t forget to add the website name, the URL, and the access date.

To analyze means not only to describe but also to evaluate and synthesize visual information. To do that, you need to learn about visual elements and principles and see how and why they are used within artworks.

🔍 References

• Art History: University of North Carolina at Chapel Hill
• Visual Analysis: Duke University
• Writing a Formal Analysis in Art History: Hamilton College
• Contextual Analysis: Pine-Richland School District
• How to Analyze an Artwork: Student Art Guide
• Introduction to Art Historical Analysis: Khan Academy
• Guidelines for Analysis of Art: University of Arkansas at Little Rock
• Elements of Art: Getty.edu
• Formal or Critical Analysis: LibreTexts
• Analyzing a Photograph: University of Oregon
• Picture Composition Analysis and Photo Essay: University of Northern Iowa
• Visual Analysis Guidelines: Skidmore College
• How to Analyze Sculpture: NLA Design and Visual Arts: WordPress
• Visual Rhetoric: Purdue University
• Formal Visual Analysis: The Elements & Principles of Composition
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Visual Argument: Examples, Definition, & Analysis [Free Essay]

What is a visual argument, visual argument example: gatorade ad, visual argument analysis: examples of rhetorical devices, visual arguments examples: conclusion, visual argument essay examples: faq.

It is often claimed that words are one of the most powerful ways to deliver information to the readers. After a long process of analyzing, a more effective way to affect the audience has been revealed. It is the use of images. Therefore, a visual argument essay takes the upper hand when it comes to influencing the readers. The examples of visual arguments are used in a wide variety of spheres. They are particularly popular in advertisements due to the effectiveness of pictures usage. In this visual argument essay, examples of persuasive images are provided, along with the definition, format, and analysis of visual arguments.

Basically, a visual argument is a supporting (or rebuttal) statement. It utilizes various images to intensify the effect on the audience. It is undoubtedly true that pictures or other visual art pieces help engage a wider range of people. In addition, images sometimes may reflect the values and beliefs of the culture. Thus, visuals arguments are more appealing to the public than verbal ones.

Exploring the usage of the images as a way of conveying the message requires substantial research. That is why visual rhetoric should be examined. The desire to watch a movie or a cartoon is probably familiar to everyone. Though, not everyone notices when it happens after seeing a poster. A bright advertising picture can lead to taking part in a charity event, as well. Such experiences may be shared for the majority of people. These are examples of the visual rhetoric impact. Hence, employing visual rhetoric, the author can reach different outcomes. For instance, they can induce a compassion effect, a comic effect, a tragic effect, etc.

Marketing companies often use the advantages of visual rhetoric. Each one tries to create an impressive image with appropriate supportive words. It can become an effective way for a successful product or a service promotion. Visual argument advertisements are the most effective in persuading consumers to make a purchase.

Among the diversity of visual argument images, one of the most powerful for a visual argument analysis essay is Gatorade’s advertisement—a drink for sportspeople. It illustrates the superiority of the Gatorade drink, among other beverages. A bright picture of a bottle and a memorable slogan is a marketing specialist’s dream. It combines three main aspects of a successful visual add: use of colors, supernatural power, shock appeal.

The developers of the given visual ad reached a perfect mix of colors. The dominating ones of the poster are blue and green, which are generally considered to be natural ones. Nothing can be more powerful than nature. This idea serves as the hidden message of this color combination. As a result of this color mixing technique, the ad creator reaches its primary goal—the assuring of success in the racing competition.

In addition to an effective colors’ combination, the advertisement reflects the supernatural power. The image illustrates the bright container with Gatorade drink that pulling away and winning the racing tournament. Moreover, it seems that the bottle with the advertised drink is reaching the sky. This detail makes the ad even more eye-appealing.

The rhetorical analysis helps to understand that the trick of placing the bottle ahead of other beverages is exceptionally effective. It persuades the audience to believe that Gatorade provides the drink takers with supernatural power. Hence, it motivates the target audience to purchase the beverage. The advertisement compares the athletes to the Gatorade. Thus, it convinces them that they will show excellent performance in the competition, as Gatorade does on the visual ad.

Apart from the use of colors and supernatural power, the given visual argument image implements other methods. For example, it uses a shock appeal technique. The ad demonstrates a real-life racing competition with a metaphoric contestant—the Gatorade beverage. Consider the effect of reaching the sky by the container. It creates a vision of an incredibly strong nature of the beverage. As a result, the audience is shocked by Gatorade’s supernatural power and encouraged to buy it. Consequently, a shock appeal makes the visual argument images more effective.

The visual argument pictures are more powerful than verbal arguments. They are widely used in the advertisement sector and help to reach a high degree of effectiveness. The advertisers can create well-developed persuasive advertisements via various techniques. For example, they can depend on the wise use of colors, the demonstration of supernatural power, and shock appeal. Therefore, visual effects are one of the most powerful tools for impacting the audience. Making them purchase a product is less complicated with an ad.

What is meant by art as a visual argument?

Some art pieces, such as pictures, graphic images, photographs, etc. can play the role of a visual argument. With the usage of the visual arts, the process of proving the rightness of ideas becomes more efficient. Thus, art may become a powerful tool for supporting the writer’s position.

Why are visual arguments important?

Visual arguments help to advocate the point of view, prove the idea, support the position. However, unlike verbal arguments, visual ones are more appealing to the audience. They have more effective attention-grabbing elements and engage a broader range of people. Thus, the effectiveness of the visual arguments makes them essential.

How to make a visual argument?

Chose an image that would support your position regarding the given issue effectively. Based on the selected picture, develop your ideas and persuade the readers to accept your point of view. Remember that your visual argument has to attract the audience and leave a strong impression.

What are some visual argument topics?

A successful topic for a visual argument has to be relevant to the audience. These are the most popular ones:

• Social inequity;
• Environmental pollution;
• Human trafficking;
• Advertisement;
• Social media influence.

Find a poster, banner, image, graph, etc. and develop your argument based on the chosen visual tool.

How do you start a visual argument essay?

The best way to start a visual argument essay is to introduce the selected image. Provide its brief background and explain how it fits in the general idea of your essay. Also, you can start your visual argument essay by familiarizing the readers with your topic.

What are the components of visual rhetoric?

The main components of visual rhetoric are images and illustrations. Then there are color, font style, size, the objects’ shape. The arrangement of the figures within a text also plays a role. The elements of the visual rhetoric are the tools that help the author to convey the message effectively.

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How to Write a Visual Analysis Essay: Format, Outline, and Example

• Icon Calendar 18 May 2024
• Icon Page 5416 words
• Icon Clock 25 min read

Writing a visual analysis essay is an exciting and challenging academic exercise for art students. As a priority, before writing such an essay, learners need to familiarize themselves with design elements and principles. In this case, standard design elements are color, shape, size, and line, while common principles of design are proportion, balance, texture, and contrast. Basically, understanding these concepts would help a writer to provide an in-depth description of an image. In turn, such descriptions must make it possible for the audience to develop a mental picture of an image or visual display. Hence, students need to learn how to write a visual analysis essay correctly to shape knowledge of art.

Definition of a Visual Analysis Essay

One of the essay types that students write is a visual analysis essay. Basically, this academic writing exercise requires learners to provide a detailed description of a specific image or visual display. In doing so, students analyze an image or visual display by describing this visual in detail and explaining how different concepts fit together to make a picture in a way as it appears. Moreover, these concepts include visual elements and principles of design. Therefore, when writing a visual analysis essay, students must understand these basic concepts and relate them to an image or visual display in question before providing a detailed description. In turn, the most common subjects that writers address are drawings, paintings, sculptures, and architectural objects. Besides, the time when scholars need to write a visual analysis essay is when instructions require them to describe a given or any image, taking into account visual concepts named before.

11 Visual Elements in Writing an Analysis Essay

Based on the preceding section, one of the concepts that students must consider when writing a visual analysis essay is visual elements. In essence, these elements give an image of its visual characteristics. For example, common visual elements are composition, elements of design, focal point, color, line, texture, shape, form, value, size, and symbolic elements. In turn, it is practically impossible for a student to analyze an image or visual display without describing how some of these elements exemplify the subject’s visual characteristics.

1. Composition

When analyzing a visual display, students must address how a subject is put together. Basically, this is what is termed as composition. When talking about composition by describing a visual display, a writer must cover the placement of things in an image. Also, this aspect means describing how things relate one to another within a canvas. When analyzing an image, a student must focus on answering several questions related to composition. In turn, these include what entails a primary figure, how artists place other figures relative to a primary figure, and what they left out.

2. Elements of Design

When creating an image, artists use different approaches to bring their works to life. Basically, these approaches are what entails elements of design. Therefore, when writing a visual analysis essay, students must familiarize themselves with these elements by answering specific questions. In turn, these aspects include understanding design elements – color, shape, size, form, and line – that exemplify an image or visual display the most.

3. Focal Point

By definition, a focal point is a part of an image or visual display that an artist draws the audience’s attention. In this case, when writing a visual analysis essay, students must address this visual element by understanding this focal point and design elements, such as line, form, color, and shape, that an artist has used to exemplify this part of an image. 

When creating an image, artists use an element of color to exemplify a visual aspect of their works. In this case, the term “monochromatic” means that artists have used one color to create an image, while the term “complementary” means that they have used colors opposite each other on a color wheel. Also, when writing a visual analysis essay, students must describe how an element of color affects a visual image, focusing on colors that artists use and how they affect the tone, mood, and meaning of an image.

An element of line entails actual lines presented in an image. Typically, these lines result from the artist’s effort to place different objects in an image or visual display in question. Hence, when writing a visual analysis essay, students must describe how lines help grab the viewer’s attention toward or away from specific parts of an image. 

An element of texture refers to how smooth or rough an object is or a pattern thereof. In particular, when writing a visual analysis essay, students must understand that a texture can either be real on a three-dimensional art or represented on two-dimensional art. Besides, when analyzing an image, students must focus on a place where an artist exemplifies an element of texture and how it influences the audience to expect a particular touch sensation.

An element of shape refers to how an artist uses various shapes, including circles, ovals, rectangles, and squares, to bring their artworks to life. Basically, when writing a visual analysis essay, students should describe specific shapes that artists use to exemplify their works and where those shapes direct the viewers’ eye. In other words, they should describe how artists use specific shapes to exemplify a focal point. 

An element of form refers to an aspect of light and shading and how artists use them to bring their creations to life. Through this element of form, artists can make a two-dimensional object appear like a three-dimensional object. In turn, when writing a visual analysis essay, students should focus on where artists have applied light or shading to exemplify their work’s specific aspects.

A value element refers to a degree to which an artist has exemplified light and dark aspects in specific parts of their works. Basically, when writing a visual analysis essay, students should describe how artists have applied these aspects in their works and whether there is an indication of these concepts’ symbolic use.

An element of size refers to the overall size of an image or visual display with a relative size of figures provided in an image. In this case, when writing a visual analysis essay, students should explain why they believe an artist chose the image’s particular size and why different objects in a picture have different sizes. Notably, when an artist applies different sizes concerning lines and shapes, it means that an image is of relative significance.

11. Symbolic Elements

An element of symbolic elements refers to using objects with symbolic or historical meaning in an image or visual display. In particular, an example of these objects is the cross, which exemplifies the Christian faith. Also, when writing a visual analysis essay, students should explain whether the image has any symbolic objects and, if there are, whether an artist intends to use such directly or by inverting it.

9 Visual Principles of Design in Writing an Analysis Essay

Besides visual elements described in the preceding section, artists also apply design principles when creating images or visual displays. In turn, such principles help to exemplify the visual characteristics of an image or visual display. For example, some of the common design principles include balance, emphasis, movement, pattern, proportion, variety, contrast, hierarchy, and rhythm.

A principle of balance refers to a distribution of different visual elements in an image or visual display to enhance stability or instability. Basically, when writing a visual analysis essay, students should describe images by addressing a symmetrical and asymmetrical balance. In this case, the former indicates that both sides of an image are even, and the latter means that a picture is weighted on one side. Moreover, radical balance means that an artist has organized objects in an image around a central point. Therefore, when writing a visual analysis essay, students should address these aspects of balance to give the audience a perfect understanding of an image.

2. Emphasis

An emphasis principle refers to an object that catches the viewers’ attention when they look at an image. In this case, when writing a visual analysis essay, students should describe how an artist in question has used elements of size, color, texture, shape, and others to exemplify one part of an image and make it a focal point. Moreover, when looking at an image, a viewer can identify an extent to which an artist has applied an emphasis principle by studying a focal point.

2. Movement

A principle of movement refers to an extent to which an image fosters a movement of the viewers’ eyes in a path as they view an image or visual display. In particular, a movement aspect explains why a viewer may focus on specific parts more than others. Besides, when writing a visual analysis essay, students should describe how an image influences a direction in which the viewer’s eyes move. In turn, they should also explain visual elements, such as line, color, shape, or size, which influence this eye movement.

A principle of pattern entails the use of objects in an image repeatedly. Basically, when writing a visual analysis essay, students should identify specific objects or symbols that artists use repeatedly in their works. Typically, repetition indicates that an object bears a significant meaning, and a student must explain this meaning to the audience.

4. Proportion

A principle of proportion refers to how sizes relate one to another in an image or visual display. Moreover, when writing a visual analysis essay, students should explain this principle by addressing whether the relationship among objects in an image is realistic or distorted. In either case, they should explain the meaning that an artist intended to communicate when creating an image.

A principle of variety refers to an extent to which an artist uses different visual elements to influence the audience’s perception of an image as dynamic. Basically, this principle of variety enhances an active rhythm in an image or visual display. In turn, when writing a visual analysis essay, students should explain to the audience how different elements of design, such as color, size, shape, and size, are combined to create a mood or meaning.

6. Contrast

A principle of contrast refers to a juxtaposition of opposing elements. In particular, an example of contrast in an image is the use of colors opposite each other on a color wheel, like red versus green or blue versus orange. Then, another example of contrast is a tone or value in an image, such as light versus dark, and direction, such as horizontal versus vertical. Hence, when writing a visual analysis essay, students should explain to the audience about a significant contrast in an image, which tends to be exemplified in a focal point. In turn, an image that has too much contrast undermines the quality of unity and is likely to disgust viewers.

7. Hierarchy

A principle of hierarchy refers to a degree to which people viewing an image can process it. As such, this aspect indicates the significance of color, size, line, shape, and other elements of design in an image or visual display. Moreover, visual elements that appear prominently in an image are the most significant. In this case, when writing a visual analysis essay, students should analyze the use of titles and headings in an image. For example, the term “title” denotes a significant aspect of an artwork. Hence, artists should make it a prominent element in their creations. In turn, when describing an image in an analysis essay, a student should explain this aspect with the meaning that it bears.

A principle of rhythm refers to an extent to which an artist has used spaces between repetitive elements. For example, this aspect is similar to how a musician uses spaces between notes when composing a piece of music to create rhythm. Typically, artists create five types of rhythms in an image: random, regular, alternating, flowing, and progressive. In this case, when writing a visual analysis essay, students should describe how an artist has used these rhythm types. Moreover, what they should understand is that these rhythms differ in patterns. For instance, while random rhythms lack a discernable pattern, regular rhythms have a pattern, where an artist adopts the same spacing between elements with no variation. Consequently, alternating rhythms have a pattern where an artist adopts a set of repetitive elements but with no variation between them. About flowing rhythms, an artist uses bends and curves, like sand dunes or ocean waves.

A principle of layout refers to how an artist has used objects in an image. In other words, it entails the placement or distribution of objects, such as symbols, in an image. In this case, when writing a visual analysis essay, students should explain specific objects that an artist has used in an image under analysis and how they are placed in the work. Also, the layout is related to other principles of design, such as pattern and proportion.

How to Analyze the Meaning of an Image for Writing a Visual Analysis Essay

Based on the preceding sections, when writing a visual analysis essay, students should consider how an artist has applied different visual elements and design principles. In turn, these elements and principles exemplify an image, bringing to life specific parts, particularly a focal point. Therefore, when analyzing the meaning of an image or visual display for their essays, students should pay attention to elements and principles of design and explain to the audience their effect on a visual.

1. Visual Composition

Visual composition entails how an artist has arranged or composed an image. Basically, when analyzing such an image in a visual analysis essay, students should explain the composition’s aspects that enhance a claim. In this case, they can describe a layout, which means specific objects in an image that an artist has used to grab the viewers’ attention. For example, they can explain how visual lines draw the viewers’ attention to a focal point. Also, writers student can describe balance. In turn, this aspect means describing the size of images and how they compare one to another. Besides, scholars should talk about a focal point by describing its placement – centered or offset.

When describing an image in a visual analysis essay, students should explain the image’s claims to the audience. Typically, there are five claim types: fact, definition, cause, value, and policy. Firstly, when talking about a fact claim, writers should explain whether an image is real, and, when talking about a definition claim, they should explain its meaning. Then, when talking about a cause claim, learners should explain the causes, effects, and relationships between these effects. In turn, when talking about a value claim, students should explain the importance of an image, and it should be evaluated. Finally, when talking about a policy claim, writers should explain a solution and how it can be achieved.

When analyzing an image in a visual analysis essay, students should interpret its meaning by explaining its genre – whether it is a movie, fine art, poster, graphic art, photograph, or pamphlet. Consequently, they should explain to the audience whether it aligns with that genre’s rules or an artist has disregarded them. More importantly, writers should explain to the audience how a genre affects the image’s meaning.

When analyzing an image in a visual analysis essay, students should address an appealing aspect. Basically, this feature means how an image appeals to the audience and influences them to believe intended claims. Here, students should explain to the audience whether an image or specific parts of it appeal to logic, emotion, authority, or character. More importantly, they should explain whether any of the appeals are deceptive.

5. Context and History

When writing a visual analysis essay, students can analyze an image by addressing its historical context. Basically, the good approach is to explain the image’s rhetorical situation to the audience. In this case, writers must familiarize themselves with the artist’s intended message and how the audience reacts when looking at this image. Moreover, the writer’s response to an image can differ from that of the initial audience. In turn, learners should use such difference as the main idea (a thesis statement) of discussion in their visual analysis essay.

Writing a Visual Analysis Essay: A Step-by-Step Guide

Like any paper, writing a visual analysis essay requires students to observe specific strategies of persuasive writing. Basically, these strategies include preparation, stage set-up, actual writing, and wrap up. Moreover, these strategies enable students to create works that satisfy academic writing conventions, such as having a thesis statement, citations, appropriate formatting, and free from errors and mistakes.

Step 1: Preparation for Writing a Visual Analysis Essay

Preparation refers to an aspect of planning how to go about executing a task. In academic writing, preparation is the main first step to persuasive writing, and it entails reading a story or reviewing an object or subject, finding a visual, defining a topic, preparing ideas, and considering the needs of the audience. Therefore, one can argue that preparation is the stage where students develop a frame of mind necessary to conduct an in-depth analysis of an image or visual display.

A. Reading A story or Reviewing an Object or Subject.

In many instances, an image that students analyze in a Visual Analysis essay is found in texts, such as books, journal articles, reports, or novels, or galleries. Therefore, reading a text is the first activity that a writer should undertake when analyzing an image. Also, students may go to museums to observe specific artworks. In turn, if it is a text, learners should read an article at least twice to grasp essential details that are pertinent to their visual analysis essay.

B. Finding a Visual

As students read a text, they should focus on identifying an image or visual display that they should analyze in a visual analysis essay. While it is standard practice for instructors to guide students on where to find an image, sometimes, they may have to choose an image for themselves. In the latter context, identifying an image that writers find understandable to them in terms of its visual elements is the best approach in writing a visual analysis essay.

C. Defining a Topic

Although the objective of a visual analysis essay is to describe an image or visual display’s visual characteristics, students should come up with a topic that best describes this endeavor. By considering the essence of elements and principles of design that apply to an in-depth analysis of an image, students have a broad scope when it comes to defining a topic for their visual analysis essays. As such, the secret to finding the right essay topics is to decide on what aspect of analysis – elements or principles – they intend to focus on.

D. Preparing Ideas

It is common practice for students to come up with ideas when writing any type of academic text. Basically, this phase of preparation helps learners to develop a mindset about a task at hand. In essence, ideas that students generate should align with a topic they have already defined. In this case, writers cannot think about aspects of writing that would not further their agenda. For example, learners cannot develop ideas about the significance of design elements when their topic is about values that principles of design provide in a visual display.

E. Considering Readers

When writing a visual analysis essay, students should not only think about an image from the perspective of elements and principles of design. Basically, writers should think about how their visual analysis essay would help the audience understand this image better. In this case, learners should understand the audience and what might be of interest to them. For example, students of history might want to know how a particular image influenced the perception of those who saw it first. To address this need, a writer may have to address the image’s rhetorical situation more than its visual characteristics.

Step 2: Stage Set-Up for Organizing a Visual Analysis Essay

After preparation, the second step in writing a visual analysis essay is setting up the stage for the actual writing. Here, students spend time finding credible sources, making notes, creating an essay outline, and writing an annotated bibliography. Moreover, it is a stage where writers get down and start doing some work to bring their goal to fruition.

A. Finding Credible Sources

Unlike other academic texts, visual analysis essays that require students to analyze an issue, phenomenon, or object require some degree of research. In particular, when writing a visual analysis essay, learners may have to find reliable sources that help them to conduct an in-depth analysis of an image at hand. For example, writers may have to find out what critics have said about an image with the meaning of applicable concepts, such as balance, movement, shape, size, and proportion. As such, finding academic sources that can provide some insight into these essential details is a crucial step when writing a visual analysis essay.

B. Making Notes

As students read through study sources that they identify for writing a visual analysis essay, they should make notes relevant to a task. In this case, learners should read through their sources while making notes about important concepts that they find relevant to their analysis, such as proportion, context, and balance. Also, these notes are essential in supporting points that writers generate, influencing new ideas.

D. Writing an Outline and Annotated Bibliography

Like any other essay, a visual analysis essay should have an outline that follows an essay structure. In this case, the standard outline for essays entails three main sections: introduction, body, and conclusion. When writing a visual analysis essay, students should follow this outline. Then, an annotated bibliography is a text that summarizes each of the sources that students have identified and used to find critical information. Generally, learners do not need to write this summary in writing a visual analysis essay. However, to simplify their work for finding information, students may write an annotated bibliography when writing a visual analysis essay.

Step 3: Actual Writing of a Visual Analysis Essay

The third step in writing a visual analysis essay involves the actual process of writing a paper. Here, students should begin with the first draft. In this case, the advantage of this draft is that it is not a final document that students submit or publish, meaning that they have an allowance of making mistakes and correcting them. In short, the first draft enables writers to organize their thoughts and arguments in a paper and develop a working thesis.

Step 4: Wrap Up

The last step in writing a visual analysis essay is where students get to wrap up their work. In this case, students identify weak points in their papers and address them to come up with high-quality essays. Moreover, such a paper must have no spelling or grammatical errors, such as missing or wrong punctuation. In turn, it must not have notable inconsistencies, such as flawed arguments and illogical conclusions. Besides, students must use this step to revise and edit their visual analysis essays and ensure their papers satisfies all academic writing rules.

A. Revisions and Editing

Since it is natural for students to make errors and mistakes when writing academic texts, the final step of writing a visual analysis essay allows authors to identify them and make corrections. Firstly, revision entails identifying and eliminating all inconsistencies that undermine a natural flow of arguments and ideas. In turn, editing helps to correct spelling and grammatical mistakes, such as missing punctuation marks.

B. Topic and Concluding Sentences

When writing a visual analysis essay, students should ensure the first draft has paragraphs in the main text (body). Basically, these paragraphs should start with a topic sentence and end with a concluding sentence. In this case, the former introduces a single idea that writers intend to focus on in one paragraph, and the latter’s function is to link this idea in a topic sentence to the paper’s thesis.

C. Transitions and Formatting

One of the aspects that determine an essay’s quality is the natural flow of arguments and ideas. For example, some elements that foster this flow are transitions, which entail words and phrases like – “consequently,” “thus,” “hence,” “ more importantly,” and “meanwhile.” Then, another aspect that students should consider in the last phase of writing a visual analysis is the paper’s formatting. In this case, writers must ensure that they have formatted their papers according to appropriate formats – APA 7, MLA 8, Harvard, and Chicago/Turabian. Also, some of the formatting rules that must satisfy are citation and use of headings and subheadings.

D. Peer Review and Final Draft

After completing the first draft and making the necessary changes, students should subject their visual analysis essays to a peer review. Basically, this aspect involves giving their works to a friend, tutor, or mentor to identify any errors and mistakes. Then, if such errors and mistakes are noted, writers should revise their papers. However, if a visual analysis essay is found perfect, learners should proceed to write the final draft, which they must read and reread to make sure no mistakes have been made in the course of typing.

Outline Template for Writing a Visual Analysis Essay

I. Introduction with a Thesis Statement II. Body Paragraphs III. Conclusion

1. Defining Features of a Visual Analysis Essay Outline

As indicated previously and as exemplified in the visual above, an outline of a visual analysis essay entails three main sections: introduction, body, and conclusion. Basically, this structure’s defining features are the thesis statement that must appear in the introduction, main points in body paragraphs, and a restatement of the thesis and a summary of the main points in the conclusion.

2. How to Know if a Paper is a Visual Analysis Essay

As indicated in the introduction, a visual analysis essay analyzes an image or visual display by giving an in-depth description of how an artist has applied elements and principles of design. In this case, if students want to know that their texts are visual analysis essays, they need to evaluate how they address the use of these elements and principles in their papers concerning a given image.

3. How a Visual Analysis Essay Differs From Other Essays

The central point of difference between a visual analysis essay and other types of essays is the content. For example, while the content of an argumentative essay is the writer’s arguments in favor of a particular stand, the content in a visual analysis essay is the writer’s description and analysis of an image or visual display. Moreover, in an informative essay, the content is information that authors find insightful and necessary in educating the audience about a topic or an issue.

Easy Strategy For Writing Each Section of a Visual Analysis Essay

When writing a visual analysis essay, students should adopt a strategy that makes their work high-quality, meaning it satisfies academic writing rules. These strategies are as follows:

I. Introduction

• Introduce an image, art, object, or subject under analysis.
• Provide a brief background of this image and author.
• Develop a thesis.
• Create several paragraphs as appropriate.
• Begin each paragraph by making a claim. It is a topic sentence.
• End each paragraph with a concluding sentence.
• Use transitions sufficiently and appropriately.
• Observe a sandwich rule: introduce a claim in a topic sentence, provide supporting facts (evidence), and explain a specific connection between the claim and the thesis.

III. Conclusion

• Restate the thesis.
• Summarize the main points.
• Ensure that no new information is presented.
• Provide the writer’s objective opinion about a topic, such as new insight or criticism.

An Example of a Writing a Visual Analysis Essay

Otto Dix’s (German, 1891–1969) Liegenede auf Leopardenfell (Reclining Woman on a Leopard Skin) , 1927. Oil on panel (70 x 99 cm), 55.031.

I. Introduction Sample of a Visual Analysis Essay

Analyzing an image or visual display is an exciting and challenging academic undertaking for many students. Unlike other academic texts that focus on what other scholars have said, written, and documented through research studies, a visual analysis focuses on an image. As such, the student’s work is to provide an in-depth description of how the artist has appropriated elements and principles of design in their work. Looking at Otto Dix’s “Reclining Woman on a Leopard Skin” image above, it is evident the artist has appropriated contrast, color, size, and texture, among other elements and principles of design, to make a picture come to life.

II. Example of a Body in a Visual Analysis Essay

A. reclining position of a woman.

Dix’s image above reflects a woman in a dress and stockings in a reclining position. Besides two different types of textile around her, there is a leopard fur beneath her body’s upper side. Behind a woman is a snarling animal resembling a dog, and on the far right of the painting is wood flooring. Looking at the woman’s face, one can notice that this the focal point. Basically, it is where the artist has concentrated sharp detail, thus making her face confront the audience instantly. Concerning principles of contrast and emphasis, a red lipstick contrasts sharply with the woman’s light skin, while using her hand as a frame beneath her face emphasizes a focal point.

When it comes to design elements, the artist has used the green, red, white, and brown colors to exemplify the image. In this case, a closer look indicates that Dix has contrasted red and green, a warm and cold color, respectively, particularly on the woman’s skin and face. Moreover, he has contrasted dark and light, whereby her face and body exemplify a light theme, while other objects in a picture exemplify have a dark theme.

Regarding a line element, Dix has used smooth curves around the woman’s lower body, particularly around her hip and thighs. In particular, doing so has helped bring out the aspect of “femininity.” Interestingly, the use of angular lines around the face, jaw, fingers, and shoulders emphasizes the “masculine” aspect. Besides strong lines that make the cheeks and jaw prominent, the artist has also used a line element to exaggerate the woman’s eyes, which takes the shape of cat eyes or curved almonds.

About an element of texture, it is evident that the artist has gone into great lengths to create an illusion of texture. Notably, an image has no literal texture because it is a two-dimensional painting. Moreover, Dix’s effort in creating texture is evident by many objects that he includes in his painting. In turn, these objects include the leopard fur; the woman’s dress, stockings, and hair; the materials that look like velvet; and the fur of the dog-like animal. Besides, all these objects create a temptation to touch. In this case, the texture of the woman’s evening wear and the curtain in the background with a velvet-look suggest a sense of costume and luxury. Collectively, they enhance a visual and material richness of an image.

III. Conclusion Sample of a Visual Analysis Essay

There is doubt that analyzing an image or a visual display is an exciting and challenging academic endeavor for students of art. In particular, Dix’s “Reclining Woman on a Leopard Skin” image shows a master with which the artist has appropriated contrast, color, size, and texture, among other elements and principles of design to make his work come to life. About a painting, the artist has used these concepts to exemplify the woman’s face, which is the painting’s focal point.

Summing Up on How to Write a Good Visual Analysis Essay

Writing a visual analysis essay is an essential academic exercise for students. Since such an essay aims to analyze an image or visual display, learners must familiarize themselves with elements of design, such as color, size, and texture, and principles of design, such as emphasis and contrast. In essence, students use these concepts to provide an in-depth description of an image. Hence, when writing a visual analysis essay, scholars must learn the following tips:

• provide a vivid description of an image, so that the audience can have a mental picture of it;
• give a rhetorical situation of an image – its historical context;
• explain the artist’s intended message;
• cover details about any controversy or misunderstanding regarding a visual object or subject.

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Essay Writing Guide

Essay Outline

Last updated on: Jun 10, 2023

A Complete Essay Outline - Guidelines and Format

By: Nova A.

13 min read

Reviewed By: Melisa C.

Published on: Jan 15, 2019

To write an effective essay, you need to create a clear and well-organized essay outline. An essay outline will shape the essay’s entire content and determine how successful the essay will be.

In this blog post, we'll be going over the basics of essay outlines and provide a template for you to follow. We will also include a few examples so that you can get an idea about how these outlines look when they are put into practice.

Essay writing is not easy, but it becomes much easier with time, practice, and a detailed essay writing guide. Once you have developed your outline, everything else will come together more smoothly.

The key to success in any area is preparation - take the time now to develop a solid outline and then write your essays!

So, let’s get started!

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What is an Essay Outline?

An essay outline is your essay plan and a roadmap to essay writing. It is the structure of an essay you are about to write. It includes all the main points you have to discuss in each section along with the thesis statement.

Like every house has a map before it is constructed, the same is the importance of an essay outline. You can write an essay without crafting an outline, but you may miss essential information, and it is more time-consuming.

Once the outline is created, there is no chance of missing any important information. Also, it will help you to:

• Organize your thoughts and ideas.
• Understand the information flow.
• Never miss any crucial information or reference.
• Finish your work faster.

These are the reasons if someone asks you why an essay outline is needed. Now there are some points that must be kept in mind before proceeding to craft an essay outline.

Easily Outline Your Essays In Seconds!

Prewriting Process of Essay Outline

Your teacher may ask you to submit your essay outline before your essay. Therefore, you must know the preliminary guidelines that are necessary before writing an essay outline.

Here are the guidelines:

• You must go through your assignments’ guidelines carefully.
• Understand the purpose of your assignment.
• Know your audience.
• Mark the important point while researching your topic data.
• Select the structure of your essay outline; whether you are going to use a decimal point bullet or a simple one.

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How to Write an Essay Outline in 4 Steps

Creating an essay outline is a crucial step in crafting a well-structured and organized piece of writing. Follow these four simple steps to create an effective outline:

Step 1: Understand the Topic

To begin, thoroughly grasp the essence of your essay topic. 

Break it down into its key components and identify the main ideas you want to convey. This step ensures you have a clear direction and focus for your essay.

Step 2: Brainstorm and Gather Ideas

Let your creativity flow and brainstorm ideas related to your topic. 

Jot down key pieces of information, arguments, and supporting evidence that will strengthen your essay's overall message. Consider different perspectives and potential counterarguments to make your essay well-rounded.

Step 3: Organize Your Thoughts

Now it's time to give structure to your ideas. 

Arrange your main points in a logical order, starting with an attention-grabbing introduction, followed by body paragraphs that present your arguments. 

Finally, tie everything together with a compelling conclusion. Remember to use transitional phrases to create smooth transitions between sections.

Step 4: Add Depth with Subpoints

To add depth and clarity to your essay, incorporate subpoints under each main point. 

These subpoints provide more specific details, evidence, or examples that support your main ideas. They help to further strengthen your arguments and make your essay more convincing.

By following these four steps - you'll be well on your way to creating a clear and compelling essay outline.

Essay Outline Format

It is an easy way for you to write your thoughts in an organized manner. It may seem unnecessary and unimportant, but it is not.

It is one of the most crucial steps for essay writing as it shapes your entire essay and aids the writing process.

An essay outline consists of three main parts:

1. Introduction

The introduction body of your essay should be attention-grabbing. It should be written in such a manner that it attracts the reader’s interest. It should also provide background information about the topic for the readers.

You can use a dramatic tone to grab readers’ attention, but it should connect the audience to your thesis statement.

Here are some points without which your introduction paragraph is incomplete.

To attract the reader with the first few opening lines, we use a hook statement. It helps engage the reader and motivates them to read further. There are different types of hook sentences ranging from quotes, rhetorical questions to anecdotes and statistics, and much more.

Are you struggling to come up with an interesting hook? View these hook examples to get inspired!

A thesis statement is stated at the end of your introduction. It is the most important statement of your entire essay. It summarizes the purpose of the essay in one sentence.

The thesis statement tells the readers about the main theme of the essay, and it must be strong and clear. It holds the entire crux of your essay.

Need help creating a strong thesis statement? Check out this guide on thesis statements and learn to write a statement that perfectly captures your main argument!

2. Body Paragraphs

The body paragraphs of an essay are where all the details and evidence come into play. This is where you dive deep into the argument, providing explanations and supporting your ideas with solid evidence. 

If you're writing a persuasive essay, these paragraphs will be the powerhouse that convinces your readers. Similarly, in an argumentative essay, your body paragraphs will work their magic to sway your audience to your side.

Each paragraph should have a topic sentence and no more than one idea. A topic sentence is the crux of the contents of your paragraph. It is essential to keep your reader interested in the essay.

The topic sentence is followed by the supporting points and opinions, which are then justified with strong evidence.

3. Conclusion

When it comes to wrapping up your essay, never underestimate the power of a strong conclusion. Just like the introduction and body paragraphs, the conclusion plays a vital role in providing a sense of closure to your topic. 

To craft an impactful conclusion, it's crucial to summarize the key points discussed in the introduction and body paragraphs. You want to remind your readers of the important information you shared earlier. But keep it concise and to the point. Short, powerful sentences will leave a lasting impression.

Remember, your conclusion shouldn't drag on. Instead, restate your thesis statement and the supporting points you mentioned earlier. And here's a pro tip: go the extra mile and suggest a course of action. It leaves your readers with something to ponder or reflect on.

5 Paragraph Essay Outline Structure

An outline is an essential part of the writing as it helps the writer stay focused. A typical 5 paragraph essay outline example is shown here. This includes:

• State the topic
• Thesis statement
• Introduction
• Explanation
• A conclusion that ties to the thesis
• Summary of the essay
• Restate the thesis statement

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Essay Outline Template

The outline of the essay is the skeleton that you will fill out with the content. Both outline and relevant content are important for a good essay. The content you will add to flesh out the outline should be credible, relevant, and interesting.

The outline structure for the essay is not complex or difficult. No matter which type of essay you write, you either use an alphanumeric structure or a decimal structure for the outline.

Below is an outline sample that you can easily follow for your essay.

Essay Outline Sample

Essay Outline Examples

An essay outline template should follow when you start writing the essay. Every writer should learn how to write an outline for every type of essay and research paper.

Essay outline 4th grade

Essay outline 5th grade

Essay outline high school

Essay outline college

Given below are essay outline examples for different types of essay writing.

Argumentative Essay Outline

An  argumentative essay  is a type of essay that shows both sides of the topic that you are exploring. The argument that presents the basis of the essay should be created by providing evidence and supporting details.

Persuasive Essay Outline

A  persuasive essay  is similar to an argumentative essay. Your job is to provide facts and details to create the argument. In a persuasive essay, you convince your readers of your point of view.

Compare and Contrast Essay Outline

A  compare and contrast essay  explains the similarities and differences between two things. While comparing, you should focus on the differences between two seemingly similar objects. While contrasting, you should focus on the similarities between two different objects.

Narrative Essay Outline

A narrative essay is written to share a story. Normally, a narrative essay is written from a personal point of view in an essay. The basic purpose of the narrative essay is to describe something creatively.

Expository Essay Outline

An  expository essay  is a type of essay that explains, analyzes, and illustrates something for the readers. An expository essay should be unbiased and entirely based on facts. Be sure to use academic resources for your research and cite your sources.

Analytical Essay Outline

An  analytical essay  is written to analyze the topic from a critical point of view. An analytical essay breaks down the content into different parts and explains the topic bit by bit.

Rhetorical Analysis Essay Outline

A rhetorical essay is written to examine the writer or artist’s work and develop a great essay. It also includes the discussion.

Cause and Effect Essay Outline

A  cause and effect essay  describes why something happens and examines the consequences of an occurrence or phenomenon. It is also a type of expository essay.

Informative Essay Outline

An  informative essay  is written to inform the audience about different objects, concepts, people, issues, etc.

The main purpose is to respond to the question with a detailed explanation and inform the target audience about the topic.

Synthesis Essay Outline

A  synthesis essay  requires the writer to describe a certain unique viewpoint about the issue or topic. Create a claim about the topic and use different sources and information to prove it.

Literary Analysis Essay Outline

A  literary analysis essay  is written to analyze and examine a novel, book, play, or any other piece of literature. The writer analyzes the different devices such as the ideas, characters, plot, theme, tone, etc., to deliver his message.

Definition Essay Outline

A  definition essay  requires students to pick a particular concept, term, or idea and define it in their own words and according to their understanding.

Descriptive Essay Outline

A  descriptive essay  is a type of essay written to describe a person, place, object, or event. The writer must describe the topic so that the reader can visualize it using their five senses.

Evaluation Essay Outline

Problem Solution Essay Outline

In a problem-solution essay, you are given a problem as a topic and you have to suggest multiple solutions on it.

Scholarship Essay Outline

A  scholarship essay  is required at the time of admission when you are applying for a scholarship. Scholarship essays must be written in a way that should stand alone to help you get a scholarship.

Reflective Essay Outline

A reflective essay  is written to express your own thoughts and point of view regarding a specific topic.

Getting started on your essay? Give this comprehensive essay writing guide a read to make sure you write an effective essay!

With this complete guide, now you understand how to create an outline for your essay successfully. However, if you still can’t write an effective essay, then the best option is to consult a professional academic writing service.

Essay writing is a dull and boring task for some people. So why not get some help instead of wasting your time and effort?  5StarEssays.com is here to help you. All your  do my essay for me  requests are managed by professional essay writers.

Place your order now, and our team of expert academic writers will help you.

Frequently Asked Questions

What are the three types of outlines.

Here are the three types of essay outline;

• Working outline
• Speaking outline
• Full-sentence outline

All three types are different from each other and are used for different purposes.

What does a full-sentence outline look like?

A full sentence outline contains full sentences at each level of the essay’s outline. It is similar to an alphanumeric outline and it is a commonly used essay outline.

What is a traditional outline format?

A traditional essay outline begins with writing down all the important points in one place and listing them down and adding sub-topics to them. Besides, it will also include evidence and proof that you will use to back your arguments.

What is the benefit of using a traditional outline format and an informal outline format?

A traditional outline format helps the students in listing down all the important details in one palace while an informal outline will help you coming up with new ideas and highlighting important points

As a Digital Content Strategist, Nova Allison has eight years of experience in writing both technical and scientific content. With a focus on developing online content plans that engage audiences, Nova strives to write pieces that are not only informative but captivating as well.

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Visual Analysis Essay Guide

13 October, 2020

14 minutes read

Author:  Tomas White

Art is everywhere. It’s in the advertisement you’ll see on the monitor of your laptop, a postcard you’ll receive from your friend, pictures at a local museum, and even graffiti on a neighboring building. Every piece of art has its unique message, story, form, and influence on the audience. Those studying Art, Art History, and Communication understand it perfectly. They often have to complete the assignments that require in-depth knowledge of a researched subject, analytical thinking, and excellent descriptive skills to explain the characteristics of the piece.

Many students find it hard to write a visual analysis essay because they don’t understand how to explain the meaning of a graphic object. Moreover, they face difficulties when trying to interpret the value of the piece. If you’re one of these students, you should read our article – it contains all the necessary information about analyzing visual objects.

What Is Visual Analysis?

You’ve definitely heard about the secret symbolism of Leonardo da Vinci’s “ Mona Lisa ” and “ The Last Supper. ” The chances are that your teacher will ask you to explore these artworks someday, and it will be the visual analysis. Observing these masterpieces, researching symbolism, explaining the hidden meaning of colors, and evaluating the influence on generations are only a small part of the task.

These are only two examples of visual analysis, but typically it includes various tasks. Students often have to examine photos, movies, and other objects that consist of graphic elements. If you’re studying Communications and Advertising, a professor may even ask you to analyze a famous poster or promotional video.

Reading between the lines is an essential skill that helps conduct visual analysis excellently. Every beautiful or arguably ugly picture has a special meaning that brings us the message. Thus, investigating the artist’s hidden purpose is one of the key aspects of visual analysis. Additionally, you’ll have to explore the audience of the piece, main methods of creation, and how the perception of this artwork was changing over the years. When working on analysis, you’ll focus on content, form, and context to present an exhaustive evaluation of the graphic object. However, it’s necessary to keep the professor’s requirements in your mind, as they’ll expect you to analyze artwork from different perspectives.

How to Write a Visual Analysis Essay?

Before you start writing a visual analysis essay, it’s necessary to prepare yourself for hours of research. In some cases, you’ll even have to dedicate a few days to the investigation. You should study the objects represented in the artwork, as well as colors, mood, and painting manner if we’re speaking about a picture. While you’re researching the piece, different thoughts connected with the graphic elements and meaning may cross your mind. So, you’ll have to write down all the ideas concerning the overall theme, message, and symbolism the artist aims to demonstrate through their artwork.

After you’ve written down all the thoughts representing your perception of the artwork, you’ll have to take the next step. When working on a visual analysis paper, you can’t limit your research only to exploring the significance of the piece and your feelings connected with the graphic object. You should go further and explore the background, composition, texture, colors, etc. Researching the artwork a few times will help you find the missing details in your analysis.

Analyzing a visual object has much in common with completing a jigsaw puzzle. Artwork observation is an essential part of the process, and now you have to check all your notes. It’s easier to work on your essay if you already have some ideas on a paper rather than to start researching the piece once again. In simple words, you have a draft that will help you connect the dots and present a good thesis statement. Here are some other steps you’ll have to take when working on a visual analysis essay:

• List the artwork characteristics to strengthen your thesis statement. You can start with the strongest qualities and finish with less valuable ones, or vice versa.
• Research the emotions evoked by the piece. The mental response is essential for analyzing an artwork as it should correspond to the artist’s purpose. However, your reaction can differ from the response of other people, so it’s necessary to research the audience’s reaction as well.
• Outline your visual analysis essay. It will be the skeleton of your paper, and it will help you determine the right structure and ideas that should appear in your work.
• Craft a draft. It’s not the same as writing an outline because it’s an extended variant of your essay. But when creating a draft, you should focus on the content, and not on a writing style.
• Check your draft and write a visual analysis essay. You’ll have to revise and edit your draft to prepare an excellent paper. Sometimes it’s necessary to work on the essay structure, use online checkers to get rid of different grammar errors, and even remove some of the ideas. But you don’t have to doubt about deleting sentences or unnecessary phrases because it’s a part of the editing process. If you don’t know whether some thoughts are essential for your essay, you can freely remove them.

The Process of Analyzing Visual Art

After you’ve learned how to write a visual analysis, you should clarify some questions connected with the process of analyzing artworks. As we’ve mentioned earlier, it requires a comprehensive investigation of different aspects, so you’ll have to concentrate on the piece and dedicate some time to investigate. Since a college professor can ask you to write about any artwork, including a picture, photograph, or commercial promo video, we’ve decided to discuss painting. Here’s what you have to look for to analyze the piece:

1. Main details connected with the painter

Who painted the piece? What kind of person were they? It’s necessary to read the painter’s biography to understand their artwork because their features and stories influence their work. Besides, the period when the picture was painted also matters because political situation, wars, and economic instability also became motivating aspects for many artists.

2. The artist’s purpose

Many paintings reflect the artist’s mood or present a hidden message and symbols that should influence human minds. But you should consider that most famous painters like Michelangelo and Dali earned money by selling their artworks. So, you should learn the background of the piece to understand the artist’s purpose and figure out whether it has some special message.

3. The audience

Every artist knows their audience, and you should research this aspect. For example, some artists don’t limit their audience to a specific niche and communicate with everyone through their paintings. Dali was an extraordinary person, and he preferred adding strange objects to his pictures. His surrealism aims to provoke and confuse, and it’s definitely not for everyone. That’s why if you explore the artist’s audience, it will be easier to understand the meaning of the painting.

4. Art movement

The art movement goes hand in hand with the artist’s purpose. The painting manner and main characteristics of the movement help the painter present his thoughts in their paintings. If you know basic rules like symbolism representation, object location in a painting, and the hidden meaning of color, you’ll easily interpret the artwork’s message.

Visual Analysis Essay Outline

The most efficient way to increase the quality of visual analysis essays is to craft an outline. It’s not only a brief representation of your paper but also the first result of your research. An outline will contain all the pieces of information you’ve collected during the investigation. So, you’ll check the gathered details once again and decide whether all of them are valuable for your essay. It’s unnecessary to describe everything you’re going to write about in your paper – you should include only the key thoughts. Follow this simple structure to write an outline:

• Introduction. In this part, you should explain the background of your topic. You can write a few words about an artist, the piece under research, and an intriguing fact you’d like to present in the introductory sentences.
• Body section. You’ll present the main arguments and thoughts of your paper in this part. But you should remember that it’s necessary to separate your ideas by describing them in different paragraphs. A number of sections in a body text will depend on the level of analysis complexity and the professor’s requirements. To demonstrate the beginning of the next paragraph in the outline, you’ll write topic sentences that describe your thoughts. You should also list the main arguments that will prove the power of your idea.
• Conclusion. If you decide to mention the thesis statement key point in this section again, you should support it by listing your paper’s core arguments. It should sum up the entire purpose of your visual analysis, so it’s necessary to try hard to impress a reader and make them trust your statements.

Visual Analysis Essay Examples

Examining a famous artwork is a complicated task, so you might need to look for some inspiration during research. It’s totally Ok to check how other students cope with this assignment because even the greatest artists and writers need to evoke their creativity from time to time. So, take a look at each  visual analysis essay example to ease the writing process:

•  https://ualr.edu/art/files/2013/05/Sample_Paper_1.pdf
• https://ualr.edu/art/files/2013/05/Sample_Paper_2.pdf

Writing Tips for a Visual Analysis Essay

Analyzing one of Michelangelo’s or Monet’s artworks may be challenging and exhausting if you don’t even know where to start. But you shouldn’t worry about this assignment because we’ve collected some important details that will help you improve your writing and craft a brilliant visual analysis essay. Follow our guidelines, and you’ll definitely achieve the best results:

1. Select a good topic

Once a professor gives you the freedom to choose a topic, you should investigate which artists or artwork you like most of all. If you pick visual analysis essay topics you’re interested in, you’ll turn into a passionate researcher and enjoy the process. Besides, selecting the subject you really like is a guarantee that you’ll do anything to increase the quality of your paper. Many students demonstrate low academic performance just because they have to work on boring topics that don’t evoke interest.

 2. Write a catchy introduction

Everyone knows that introduction is crucial for the entire essay. It aims to complete a few missions at a time – to grab the reader’s attention, describe the paper’s background, and demonstrate the core statement.  When writing a visual analysis essay introduction, mention the audience’s perception of the artwork and your emotional response. It’s Ok if these two points differ from each other because it’s a nice subject for discussion. You can also add a surprising fact connected with this piece or the artist and promise that you’ll provide more details in the body section.

3. Pick powerful arguments for the body section

Naturally, you’ll collect different details during research, and some of them will be weaker and some of them will be stronger than others. Focusing on the most powerful ones is the best way to persuade a reader that your opinion is supported by hard evidence. But it’s necessary to pick relevant arguments connected with your ideas, and not to overload your paper with too much information.

4. Impress the audience with the conclusion

Your final words often matter even more than any other essay section. The conclusion should contain a powerful statement that reflects your confidence in the strength of your ideas. Clarify the importance of the artwork, how it influenced generations, and mention the emotions it brought you. You should also list the supporting details to accentuate the value of your opinion.

Write a Poetry Visual Analysis With HandmadeWriting

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Understanding Visual Analysis Essays

A written analysis allows writers to explore the discrete parts of some thing—in this case, several visual artifacts—to better understand the whole and how it communicates its message.

We should also consider how the image(s) appeal to ethos, pathos, and logos, and why. Consider, for example, how most advertisements rely on an appeal to pathos--or emotion--to persuade consumers to buy their project. Some ads will use humor to do so. Others will evoke patriotism to persuade consumers to purchase a product (suggesting buying a certain product will make them a good American).

This particular analysis will allow students to focus on visual materials relating to their career of interest to better understand how messages related to their field are composed and presented. This project will grant students the means to evaluate qualitative and quantitative arguments in the visual artifacts as well as interpret the claims made and supporting reasons. The project also will allow students to research discipline-specific and professional visual resources.

The audience for the analysis is an audience with comparable knowledge on the topic. Students should define and explain any terminology or jargon used that may be difficult for a general audience to understand.

Instructions:

Begin the essay by finding at least two examples of images relating to your intended future field of study (or a field that you are interested in learning more about). Use the Visual Analysis Planning Sheet to record your observations about the images. You will describe the images in great detail.

You will also need to research and find out who made the images, when, why and for what purpose. (This is called the rhetorical situation).

The essay should also explain what the purpose and intent of the images is and if there are any implicit messages (hidden messages) as well. An ad for Coca-Cola sells soda, but it also might imply something about family values. A public service announcement about hand-washing might also imply a sense of fear about pathogens and the spread of viruses from abroad. You should explore such obvious and hidden messages in your essay. 

After describing all the key components, you’ll consider whether or not the images succeed at their goal or purpose and what these images suggest about how the field communicates its messages. See the Visual Analysis Planning Sheet for more help: https://docs.google.com/document/d/1HUa4_XZ84svJPJ2Ppe5TTIK20Yp7bd-h/edit

Suggested Organization of Visual Analysis Essay

I.   Introduction (1 paragraph) - should contain a hook (attention-grabber), set the context for the essay, and contain your thesis statement (described below).

a.       Thesis statement : State what two images are being analyzed and what your overall claim is about them. The thesis should make a claim about the images such as whether they are effective or ineffective at communicating their message.

II.  Explain the Rhetorical Situation of both images: (2 paragraphs)  Begin by discussing what is being advertised or displayed, who made it (company, artist, writer, etc.), who is the target audience, where and when the image was published and shared, and where the image was made (country). Provide these details for both images being discussed and analyzed.

III.   Description of both images  (4-8 paragraphs). Discuss each image in full detail, providing the following details about both:

a.   Describe what appears in the image. Be as detailed as possible.

b.   Discuss the primary color choice used and what mood these colors create.

c.       Explain the overall layout and organization of each image.

d.       Discuss the use of wording in the visual image. What font is used, what color, and size is the font.

e. Explain what the message in the visual actually says and what this message means/indicates/asks of viewers and readers.

F. Discuss any other relevant information (from the planning worksheet or anything you think is noteworthy.

IV.            Discussion and Evaluation (2-4 paragraphs) - Synthesizing your findings,and analyze what you think the smaller details accomplish.

• Discuss if the images appeal to ethos, pathos, or logos and provide evidence to back up your claim.
• Discuss what sociological, political, economic or cultural attitudes are indirectly reflected in the images. Back up your claims with evidence.  An advertisement may be about a pair of blue jeans but it might, indirectly, reflect such matters as sexism, alienation, stereotyped thinking, conformism, generational conflict, loneliness, elitism, and so on.
• Assert what claims are being made by the images. Consider the reasons which support that claim: reasons about the nature of the visual's product or service, reasons about those responsible for that product or service, and reasons which appeal to the audience's values, beliefs, or desires.

V.            Conclusion (1 paragraph) - should contain both a recap of your response, as well as a closing statement in regards to your overall response to the chosen essay. Include a conclusion that reviews the messages the images make and offer a conclusion that combines the results of your findings and why they matter.

Drafting/Research Strategies:

To write a visual analysis, you must look closely at a visual object—and translate your visual observations into written text. However, a visual analysis does not simply record your observations. It also makes a claim about the images. You will describe the images in detail and then offer an analysis of what the images communicate at the surface level. You will also highlight any implicit messages that the images communicate. (Use Visual Analysis Planning Sheet). Students should begin the project by taking detailed notes about the images. Review every component of each image. Be precise. Consider the composition, colors, textures, size, space, and other visual and material attributes of the images. Go beyond your first impressions. This should take some time—allow your eye to absorb the image. Making a sketch of the work can help you understand its visual logic.

Good to Know

Below are some helpful resources to aid in creating your Visual Analysis Essay.

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How to Write a Persuasive Essay

Persuasive essay generator.

People in general have strong opinions or have their personal stance about certain issues – be it substantial or trivial. Some advocate their stance in public like rallies or demonstrations where they deliver persuasive speeches to gain other people’s approval. Some people, on the other hand, opt to do it a subtle but poignant way, through writing. You may also see essay writings .

• Samples of Formal Essays
• Academic Essay Examples

Through the course of history, writing was used to start a revolution. Writing has its immense power of uniting the people to a specific cause. It can educate, entertain and persuade the readers. However, writing has many types, styles, techniques. etc. It is a very diverse field. You may also see short essay .

One of the most common types of writing is essay writing. According to Harvard University, “Writing an academic essay means fashioning a coherent set of ideas into an argument. Because essays are essentially linear—they offer one idea at a time—they must present their ideas in the order that makes most sense to a reader. ”

In other words, essay writing has been classified as a formal and informal form of writing. It gives the writer the avenue to give his/her own argument regarding a certain topic. However, it only topples one topic at a time and it is centered around a main topic. You may also see  Basic Guide on Essay Writing .

What is a Persuasive Essay?

Persuasive writing or also known as argument essay , explains a specific topic and attempts to persuade the readers that the writer’s stance is right or a certain idea is more valid than the other. It uses logic and reason to present that one idea is more correct than the other. Through persuasive writing , the reader must be able to discern and adapt a certain point of view and take a course of action.

The writer must take a position whether he/she is FOR or AGAINST an issue. He/she must do intensive research in order to provide evidences based on facts. The argument in the essay must always use rational reasoning and well-founded evidences by presenting facts, valid reasons, analytical examples and quoting experts. You may also see  argumentative essay

A persuasive essay could be about anything  you have an opinion of. As long as you can present compelling evidences that support your argument. People that have strong opinions about your stance should be persuaded or even accept the evidences you present as valid. You may also see persuasive speech .

Elements of a Persuasive Essay

A clear thesis or controlling idea.

This is the main focus of your essay. The flow of your paper revolves around your thesis. This establishes and sustains the focus of your paper. The thesis of your essay must be solid and distinct and avoid a vague and unsure thesis that you clearly have no background information about. You may also see free essay .

Opening paragraph

This is the introduction of your essay. It opens your whole paper to the readers and it introduces the topic of your paper. The introduction gives a short background about your essay. It gives a first impression, establishes credibility and prepares your readers to the content of your paper. It should immediately make your readers curious and interested. You may also see high school essay .

Body paragraphs

Your information or arguments are presented in the body of your essay. The body of your essay should be supported by research evidence you were able to gather. The body should contain all the information or argument you intend to convey to your readers. Do not leave room for unanswered questions in your body as it can make your essay inadequate or simply unclear. The body of your essay can be one or more than one paragraph long, depending on the length you would want to breakdown and organize your essay. Also see  Content Outline Writing Tips and Examples

Smooth transitions

The flow of your essay should be polished and refined. It should go from one point to another without breaking its coherence from each other. Your readers must be able to clearly understand that you are done explaining one point and you’re going onward with another. You may also see analytical essay .

Use of counterarguments

Using counterarguments are necessary in a persuasive essay. You use counterarguments to summarize and rebut opposing positions. It helps give emphasis on the position you have taken. It also helps make your essay a well-rounded and well-versed output. Also see  Debate Speech Examples

Your conclusion emphasizes the main point of your essay without being repetitive. Your conclusion must wrap up the main point of your essay with the help of the arguments you have presented beforehand. Although it is a ‘wrap up’ of your whole essay, you must avoid repeating words and thoughts you have already pointed out while presenting your idea. You may also see essay examples .

1. Take a stance

The stance you take, whether your FOR or AGAINST about an issue will dictate the direction of your essay. The information and arguments you will present in your essay will revolve around the stance you have chosen. Although it is subjective, avoid prejudice and logically explain your stance instead. Remember that your stance are to be supported by legitimate facts and evidences. You may also see scholarship essay .

2. Know your audience

Your readers have opinions of their own about a certain issue. Determine whether your audience may agree with your position and why they may not. In order to successfully contest your point of view, especially when trying to explain why a certain idea is more valid than the other, you must be able to understand both sides of the issue. You may also see student council speech .

3. Research

Thoroughly research about your topic. The point of a persuasive essay is to disprove the opposing argument through providing detailed and compelling evidences. It will likely be necessary to undertake library-based research, intensive hunt for legitimate references and thorough examination of various examples. You may also see  How to Write Definition Essay and Examples

4. Structure your essay

Organize the structure of your essay by determining the logical sequence of presenting your evidences. In order for your readers to fully understand the essence of your essay, determine the information you need to include and arrange them according to the hierarchy of its importance and/or relevance to your topic and stance. You may also see literacy essay .

5. Support your stance

As you may have done your research regarding your topic, avoid simply copy-pasting or plagiarizing supporting details. Follow proper citations in your evidences. Use hard-hitting facts that are not easily rebutted. Provide meaningful examples, verifiable statistics and one or two direct quotations from experts in order to strengthen your argument. You may also see reflective essay .

Without any confusion, your persuasive essay should be able to smoothly merge the following tasks:

1. First, define your key terms or ideas. It should clear up unnecessary confusion about other topics.

2. Second, describe and analyze specific examples used in your essay. It should be able to clearly explain the examples in a level the readers can easily comprehend. You may also see expository essay .

3. Third, it should be able to summarize   and evaluate   the opposing opinions on your topic; meaning, your essay should be able to weigh in on the essence of the opposing argument without invalidating it. It should just be presented but logically rebutted. You may also see comparative essay .

4. Fourth, it should compare   and contrast   your examples and their relation to your thesis. Analyze and state the correlation of your examples with your thesis.You may also see descriptive essay .

5. Lastly, your essay must be able to connect   your examples explicitly to your central idea and to each other. Directly connect the relationship of your examples with the thesis or central idea of your essay in order to prove their coherence. You may also see synthesis essay .

Persuasive Essay Example

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How to Support your Arguments

Do not confuse facts with truths. A “truth” is an idea many people believe but it doesn’t necessarily mean it’s true. A fact, according to Merriam-Webster dictionary, is a piece of information presented as having an objective reality. Facts have evidences that prove them to be true. It can easily be obtained through research on scholarly materials, observation or actual experience. You may also see informative essay .

2. Statistics

These provide excellent support to your argument. Statistics are a collection of quantitative data gathered or combined after intensive research and/or experiments. They provide numerical and visual evidences to your argument. Always make sure you get statistics from reliable resources and you cite your sources properly. You may also see descriptive essay .

A direct quote reproduces the words of another writer verbatim and is displayed in quotation marks. Although it is not recommended, paraphrasing the quote into your essay is a good way to support your argument. Find legitimate quotes from experts. Quotes can be found in published research papers, scholarly articles and books, and other research materials. You may also see travel essay .

4. Examples

Examples are closely similar cases that serves as a precedent or model, it illustrates what the idea is trying to convey. They add and improve your the meaning of the idea and at the same time, makes your idea actual and concrete. You may also see photo essay .

General Guidelines

Bear in mind that the main goal of a persuasive essay is persuade readers that the position you are going for is the most relevant position. You must have a firm opinion about an issue that you want your readers to accept. Before you start to write your persuasive essay, you must already have an opinion or a stance of your own. It is much better to have background information about certain topics before you choose what to write about. You may also see evaluation essay examples .

Always aim to grab the readers attention. You can start your essay with a grabber or hook. It can either be hard, cold facts or quotations from a reliable person that directly relates to your cause. You may also see college essay .

As it has been mentioned, a persuasive essay can be subjective, nevertheless, it still has to be objective. As much as it is about your opinion or position about the issue, it needs facts and evidences. Readers will claim your stance as false if they don’t see/read a credible source backing up your opinion. And lastly, conclude your essay with a restatement of what you want your readers to believe. Reaffirm that the statements you have presented are more valid than the other. You may also see personal narrative essay .

Text prompt

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Write a Persuasive Essay arguing for the adoption of renewable energy sources.

Convince your readers of the importance of maintaining biodiversity in a Persuasive Essay.

What Is a Capstone Project vs. Thesis

As students near the end of their academic journey, they encounter a crucial project called the capstone – a culmination of all they've learned. But what exactly is a capstone project? 

This article aims to demystify capstone projects, explaining what they are, why they matter, and what you can expect when you embark on this final academic endeavor.

Capstone Project Meaning

A capstone project is a comprehensive, culminating academic endeavor undertaken by students typically in their final year of study. 

It synthesizes their learning experiences, requiring students to apply the knowledge, skills, and competencies gained throughout their academic journey. A capstone project aims to address a real-world problem or explore a topic of interest in depth. 

As interdisciplinary papers, capstone projects encourage critical thinking, problem-solving, and creativity. They allow students to showcase their mastery of their field of study and demonstrate their readiness for future academic or professional pursuits.

Now that we’ve defined what is a capstone project, let’s discuss its importance in the academic landscape. In case you have short-form compositions to handle, simply say, ‘ do my essay for me ,’ and our writers will take care of your workload.

Why Is a Capstone Project Important

A capstone project is crucial because it allows students to combine everything they've learned in school and apply it to real-life situations or big problems. 

It's like the ultimate test of what they know and can do. By working on these projects, students get hands-on experience, learn to think critically and figure out how to solve tough problems. 

Plus, it's a chance to show off their skills and prove they're ready for whatever comes next, whether that's starting a career or going on to more schooling.

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What Is the Purpose of a Capstone Project

Here are three key purposes of a capstone project:

Integration of Knowledge and Skills

Capstones often require students to draw upon the knowledge and skills they have acquired throughout their academic program. The importance of capstone project lies in helping students synthesize what they have learned and apply it to a real-world problem or project. 

This integration helps students demonstrate their proficiency and readiness for graduation or entry into their chosen profession.

Culmination of Learning

Capstone projects culminate a student's academic journey, allowing them to apply theoretical knowledge to real-world scenarios. 

tackling a significant project or problem, students demonstrate their understanding of concepts and their ability to translate them into practical solutions, reinforcing their learning journey.

Professional Development

Capstone projects allow students to develop skills relevant to their future careers. These projects can also be tangible examples of their capabilities to potential employers or graduate programs.

Whether it's conducting research, presenting findings, or collaborating with peers, students gain valuable experience that enhances their professional readiness. 

Types of Capstone Projects

Capstones vary widely depending on the academic discipline, institution, and specific program requirements. Here are some common types:

What Is the Difference Between a Thesis and a Capstone Project

Here's a breakdown of the key differences between a thesis and a capstone project:

How to Write a Capstone Project

Let's dive into the specifics with actionable and meaningful steps for writing a capstone project:

1. Select a Pertinent Topic

Identify a topic that aligns with your academic interests, program requirements, and real-world relevance. Consider issues or challenges within your field that merit further exploration or solution. 

Conduct thorough research to ensure the topic is both feasible and significant. Here are some brilliant capstone ideas for your inspiration.

2. Define Clear Objectives

Clearly articulate the objectives of your capstone project. What specific outcomes do you aim to achieve? 

Whether it's solving a problem, answering a research question, or developing a product, ensure your objectives are specific, measurable, achievable, relevant, and time-bound (SMART).

3. Conduct Comprehensive Research

Dive deep into existing literature, theories, and empirical evidence related to your chosen topic. Identify gaps, controversies, or areas for further investigation. 

Synthesize relevant findings and insights to inform the development of your project and provide a solid foundation for your analysis or implementation.

4. Develop a Structured Plan

What is a capstone project in college without a rigid structure? Outline a comprehensive plan for your capstone project, including key milestones, tasks, and deadlines. 

Break down the project into manageable phases, such as literature review, data collection, analysis, and presentation. Establish clear criteria for success and regularly monitor progress to stay on track.

5. Implement Methodological Rigor

If your project involves research, ensure methodological rigor by selecting appropriate research methods, tools, and techniques. 

Develop a detailed research design or project plan that addresses key methodological considerations, such as sampling, data collection, analysis, and validity. Adhere to ethical guidelines and best practices throughout the research process.

6. Analyze and Interpret Findings

Analyze your data or findings using appropriate analytical techniques and tools. Interpret the results in relation to your research questions or objectives, highlighting key patterns, trends, or insights. 

Critically evaluate the significance and implications of your findings within the broader context of your field or industry.

7. Communicate Effectively

Present your capstone project clearly, concisely, and compellingly. Whether it's a written report, presentation, or multimedia deliverable, tailor your communication style to your target audience. Clearly articulate your research questions, methodology, findings, and conclusions. 

Use visuals, examples, and real-world applications to enhance understanding and engagement. Be prepared to defend your project and answer questions from peers, faculty, or stakeholders.

In wrapping up, what is a capstone project? It’s like the grand finale of your academic journey, where all the knowledge and skills you've acquired come together in one big project. 

It's not just about passing a test or getting a grade – it's about proving you've got what it takes to make a real difference in the world. So, if you ever need capstone project help , our writers will gladly lend you a hand in no time.

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What Is a Capstone Project in College?

How to do a capstone project, how long does a capstone project take to complete.

Annie Lambert

specializes in creating authoritative content on marketing, business, and finance, with a versatile ability to handle any essay type and dissertations. With a Master’s degree in Business Administration and a passion for social issues, her writing not only educates but also inspires action. On EssayPro blog, Annie delivers detailed guides and thought-provoking discussions on pressing economic and social topics. When not writing, she’s a guest speaker at various business seminars.

is an expert in nursing and healthcare, with a strong background in history, law, and literature. Holding advanced degrees in nursing and public health, his analytical approach and comprehensive knowledge help students navigate complex topics. On EssayPro blog, Adam provides insightful articles on everything from historical analysis to the intricacies of healthcare policies. In his downtime, he enjoys historical documentaries and volunteering at local clinics.

• T. (2023, June 16). What Is a Capstone Project? National University. https://www.nu.edu/blog/what-is-a-capstone-project/
• Lukins, S. (2024, May 12). What is a capstone project? And why is it important? Top Universities. https://www.topuniversities.com/student-info/careers-advice-articles/what-capstone-project-why-it-important
• Capstone Project vs. Thesis: What’s the Difference? (2021, December 9). UAGC. https://www.uagc.edu/blog/capstone-project-vs-thesis-whats-difference

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Struggling to write a winning college application essay? Here are 8 tips for you

To understand the different ways students use ChatGPT, we need to track the queries they make and the responses that ChatGPT provides. Since ChatGPT is an independent app, we built a system that makes ChatGPT available within the writing platform so that we can record user interactions on a large scale. Using the tool, we plan to conduct a study asking students to write an essay with ChatGPT assistance and collect data — query, response, and writing — for further analysis. We outline the details of the study below.

2.1. Instrument Development

Our application has two main features: the ChatGPT feature and a text editor. Both features are developed to track how the essay was written and what kinds of queries and responses are generated in ChatGPT, and we chose a web application to replicate ChatGPT. We want to simulate the experience of using ChatGPT in our design, so we use a tab feature to simulate a modern browser.

The first ’tab’ (Fig  1 ) of our application is a writing platform that can record the essay writing process at keystroke levels. The participant will be asked to answer an essay question in a text box that records inputs from the user, tracking cursor position, insertions, deletions, cuts, and pastes performed. We also record the timestamp so that we can see when the user made each edit. Then, we will take this recording to observe and analyze their writing process asynchronously. Having the time stamps allows us to see how they alternate between the editor and the in-house ChatGPT and how they integrated ChatGPT responses into their writing (e.g., pasted text). Later, we plan on using the recorded scenarios for an educator to evaluate what level of ChatGPT reliance is considered cheating or plagiarism. All of this will be sent to a database on submission. These features were implemented using CodeMirror 5 API and the CodeMirror-Record (Jisuanke., 2023 ) files.

To track how users use LLM chat tools like ChatGPT, we implement a chat-bot with the Open AI API (model GPT3.5-turbo), shown in Fig  2 . Users are allowed to ask any question, but the bot will be pre-prompted to be an essay assistance tool. As users use the tool, we record their query and time stamp to see how and when ChatGPT was prompted for assistance during the creation process. This will also be sent to the database on submission.

2.2. Study Details

We will ask the user to write the response to a pre-selected essay question that we have chosen and received from a professor at our university who teaches a junior-level ethics course, i.e., Professionalism in Computing. Using this prompt, we will see how university students might use ChatGPT for help with assignments.

Lastly, we will ask the user to complete an exit survey to see how users felt about using ChatGPT when writing their essays. These questions will be focused on how the tool impacts their writing performance and their perceived ownership of the essay (shown in Appendix A.1). As mentioned above, we want to simulate browser tabs for a few reasons. We want the writers to feel that ChatGPT is available to them but not forced upon them. They can choose whether or not to use it, and it is not always on the screen when writing as a distraction.

For recruitment, we will collect our data from students in an ethics and professionalism course at our university. Most of these students are in their third year and are familiar with essay writing. We will give them a monetary incentive to help with the recruitment process.

2.3. Data Analysis

We plan to analyze our data in multiple different ways. First, we will look directly at the queries made to ChatGPT. Using open coding, we will categorize these questions to see how users prompt the LLM. This will provide us with a better understanding of how people use ChatGPT in the essay creation process.

Next, we look at the essay itself. As previously stated, the recording features track the user’s inputs and store them in our database with timestamps. With this data, we can understand how the response they received from ChatGPT contributes to the writing process by comparing the responses that they get and what new content is added or how the essay is revised immediately after the responses from ChatGPT. This provides us with insight into how the users use LLM-powered tools and their effectiveness. The example metrics that we planned to use include the number of words copied ChatGPT and eventually contributed to the final text, the pace of writing, and the types of generation (e.g., keystroke, pasted text, deleted text, cut-and-pasted text) and how that correlates to ChatGPT usage.

We also plan to look at where users made changes to their code. As ChatGPT is available throughout the creation process, understanding where the changes in the writing were made is important, for example, if users backtrack and use ChatGPT as a proofreader. This could cause changes to the first line of their writing at the end of the submission, and we will be able to visualize it. Other users could potentially ignore the ChatGPT response and continue with their writing task, so looking at the location will also increase our understanding of how users utilize the LLM in their writing.

3. Expected Contributions

Overall, we expect to gain insight into how users use ChatGPT when writing essays. We will be able to identify patterns in the questions asked and to what extent they implement ChatGPT in their writing. This will be beneficial to instructors who intend to better understand how their students might use ChatGPT and allow them to recognize the level at which their students might use an LLM in their assignment or how to better integrate ChatGPT into their course. This will also benefit software engineers or individuals who wish to create an LLM-powered writing assistant because they can see what features and questions are most common, leading to the development of a better tool.

• Adams et al . (2022) Catherine Adams, Patti Pente, Gillian Lemermeyer, Joni Turville, and Geoffrey Rockwell. 2022. Artificial Intelligence and Teachers’ New Ethical Obligations. The International Review of Information Ethics 31, 1 (Nov. 2022). https://doi.org/10.29173/irie483 Number: 1.
• Ali et al . (2023) Jamal Kaid Mohammed Ali, Muayad Abdulhalim Ahmad Shamsan, Taha Ahmed Hezam, and Ahmed A. Q. Mohammed. 2023. Impact of ChatGPT on Learning Motivation: Teachers and Students’ Voices. Journal of English Studies in Arabia Felix 2, 1 (March 2023), 41–49. https://doi.org/10.56540/jesaf.v2i1.51 Number: 1.
• Anders (2023) Brent A. Anders. 2023. Is using ChatGPT cheating, plagiarism, both, neither, or forward thinking? Patterns (N Y) 4, 3 (Feb. 2023), 100694. https://doi.org/10.1016/j.patter.2023.100694
• Biswas (2023) Som Biswas. 2023. Role of Chat GPT in Education. https://papers.ssrn.com/abstract=4369981
• Cotton et al . (2023) Debby R. E. Cotton, Peter A. Cotton, and J. Reuben Shipway. 2023. Chatting and cheating: Ensuring academic integrity in the era of ChatGPT. Innovations in Education and Teaching International 0, 0 (2023), 1–12. https://doi.org/10.1080/14703297.2023.2190148 Publisher: Routledge _eprint: https://doi.org/10.1080/14703297.2023.2190148.
• Dong and Shi (2021) Yanning Dong and Ling Shi. 2021. Using Grammarly to support students’ source-based writing practices. Assessing Writing 50 (Oct. 2021), 100564. https://doi.org/10.1016/j.asw.2021.100564
• Gero et al . (2023) Katy Ilonka Gero, Tao Long, and Lydia B Chilton. 2023. Social Dynamics of AI Support in Creative Writing. In Proceedings of the 2023 CHI Conference on Human Factors in Computing Systems . ACM, Hamburg Germany. https://doi.org/10.1145/3544548.3580782
• Halaweh (2023) Mohanad Halaweh. 2023. ChatGPT in education: Strategies for responsible implementation. (2023). https://digitallibrary.aau.ac.ae/handle/123456789/980 Accepted: 2023-04-13T06:53:37Z Publisher: Bastas.
• Han et al . (2023) Jieun Han, Haneul Yoo, Yoonsu Kim, Junho Myung, Minsun Kim, Hyunseung Lim, Juho Kim, Tak Yeon Lee, Hwajung Hong, So-Yeon Ahn, and Alice Oh. 2023. RECIPE: How to Integrate ChatGPT into EFL Writing Education. In Proceedings of the Tenth ACM Conference on Learning @ Scale (L@S ’23) . Association for Computing Machinery, New York, NY, USA, 416–420. https://doi.org/10.1145/3573051.3596200
• Huang et al . (2020) Hui-Wen Huang, Zehui Li, and Linda Taylor. 2020. The Effectiveness of Using Grammarly to Improve Students’ Writing Skills. In Proceedings of the 5th International Conference on Distance Education and Learning (ICDEL ’20) . Association for Computing Machinery, New York, NY, USA, 122–127. https://doi.org/10.1145/3402569.3402594
• Jayavalan and Razali (2018) Kalpana Jayavalan and Abu Bakar Razali. 2018. Effectiveness of Online Grammar Checker to Improve Secondary Students’ English Narrative Essay Writing. 2, 1 (2018).
• Jisuanke. (2023) Jisuanke. 2023. CodeMirror-Record. https://github.com/Jisuanke/CodeMirror-Record .
• Joyner (2023) David A. Joyner. 2023. ChatGPT in Education: Partner or Pariah? XRDS 29, 3 (April 2023), 48–51. https://doi.org/10.1145/3589651
• Karyuatry (2018) Laksnoria Karyuatry. 2018. Grammarly as a Tool to Improve Students’ Writing Quality: Free Online-Proofreader across the Boundaries. JSSH (Jurnal Sains Sosial dan Humaniora) 2, 1 (May 2018), 83–89. https://doi.org/10.30595/jssh.v2i1.2297 Number: 1.
• Koltovskaia (2020) Svetlana Koltovskaia. 2020. Student engagement with automated written corrective feedback (AWCF) provided by Grammarly : A multiple case study. Assessing Writing 44 (April 2020), 100450. https://doi.org/10.1016/j.asw.2020.100450
• Liu et al . (2023) Zeyan Liu, Zijun Yao, Fengjun Li, and Bo Luo. 2023. Check Me If You Can: Detecting ChatGPT-Generated Academic Writing using CheckGPT. https://doi.org/10.48550/arXiv.2306.05524 arXiv:2306.05524 [cs].
• Moore et al . (2022) Steven Moore, Huy A. Nguyen, Norman Bier, Tanvi Domadia, and John Stamper. 2022. Assessing the Quality of Student-Generated Short Answer Questions Using GPT-3. In Educating for a New Future: Making Sense of Technology-Enhanced Learning Adoption , Isabel Hilliger, Pedro J. Muñoz-Merino, Tinne De Laet, Alejandro Ortega-Arranz, and Tracie Farrell (Eds.). Vol. 13450. Springer International Publishing, Cham, 243–257. https://doi.org/10.1007/978-3-031-16290-9_18 Series Title: Lecture Notes in Computer Science.
• Mosaiyebzadeh et al . (2023) Fatemeh Mosaiyebzadeh, Seyedamin Pouriyeh, Reza Parizi, Nasrin Dehbozorgi, Mohsen Dorodchi, and Daniel Macêdo Batista. 2023. Exploring the Role of ChatGPT in Education: Applications and Challenges. In Proceedings of the 24th Annual Conference on Information Technology Education (SIGITE ’23) . Association for Computing Machinery, New York, NY, USA, 84–89. https://doi.org/10.1145/3585059.3611445
• Murillo and D’Angelo (2023) Ambar Murillo and Sarah D’Angelo. 2023. An Engineering Perspective on Writing Assistants for Productivity and Creative Code. in2Writing (2023).
• ONeill and Russell (2019) Ruth ONeill and Alex Russell. 2019. Stop! Grammar time: University students’ perceptions of the automated feedback program Grammarly. Australasian Journal of Educational Technology 35, 1 (March 2019). https://doi.org/10.14742/ajet.3795 Number: 1.
• Rudolph et al . (2023) Jürgen Rudolph, Samson Tan, and Shannon Tan. 2023. ChatGPT: Bullshit spewer or the end of traditional assessments in higher education? Journal of Applied Learning and Teaching 6, 1 (Jan. 2023), 342–363. https://doi.org/10.37074/jalt.2023.6.1.9 Number: 1.
• Shoufan (2023) Abdulhadi Shoufan. 2023. Can students without prior knowledge use ChatGPT to answer test questions? An empirical study. ACM Trans. Comput. Educ. (Oct. 2023). https://doi.org/10.1145/3628162 Just Accepted.
• Sok and Heng (2023) Sarin Sok and Kimkong Heng. 2023. ChatGPT for Education and Research: A Review of Benefits and Risks. https://doi.org/10.2139/ssrn.4378735
• Stark et al . (2023) Jessi Stark, Anthony Tang, Young-Ho Kim, Joonsuk Park, and Daniel Wigdor. 2023. Can AI Support Fiction Writers Without Writing For Them? in2Writing (2023).
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• Warner (2023) John Warner. 2023. ChatGPT Can’t Kill Anything Worth Preserving. https://biblioracle.substack.com/p/chatgpt-cant-kill-anything-worth . https://biblioracle.substack.com/p/chatgpt-cant-kill-anything-worth
• Zhang et al . (2023) Zheng Zhang, Jie Gao, Ranjodh Singh Dhaliwal, and Toby Jia-Jun Li. 2023. VISAR: A Human-AI Argumentative Writing Assistant with Visual Programming and Rapid Draft Prototyping. In Proceedings of the 36th Annual ACM Symposium on User Interface Software and Technology . ACM, San Francisco CA USA, 1–30. https://doi.org/10.1145/3586183.3606800

Appendix A Appendix

A.1. exit survey.

Thank you for participating in our study. Please answer the following questions as part of our exit survey.

For the following questions, please answer based on your perceived ownership of the essay:

I feel that this is my essay

strongly agree, agree, somewhat agree, neutral, somewhat disagree, disagree, strongly disagree

I feel that this essay belongs to me

I feel a high degree of ownership towards this essay

I feel the need to protect my ideas from being used by others.

I feel that this essays success is my success

I feel this essay was written by me

I feel the need to protect the ideas written in the essay

I do not feel like anyone else wrote this essay.

For the following questions, please answer based on your usage of ChatGPT:

I feel like ChatGPT helped me in the creation process of my writing

I feel like ChatGPT helped me with proofreading my essay

I feel like ChatGPT made my essay better

I liked using ChatGPT as an assistant during my essay writing

My writing would have been better without ChatGPT assistance

Thank you for completing our survey. Winners of the essay writing competition will receive an email after the study is complete.

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Read the Federal Judge’s Ruling

A federal judge temporarily blocked part of a Florida law that criminalized transporting into the state anyone who lacked lawful immigration status, raising new legal questions for other states pursuing similar measures.

A PDF version of this document with embedded text is available at the link below:

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Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 1 of 40 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 23-cv-22655-ALTMAN/Reid THE FARMWORKER ASSOCIATION OF FLORIDA, INC., et al., Plaintiffs, V. ASHLEY MOODY, in her official capacity as the Attorney General of the State of Florida, et al., Defendants. ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION The Plaintiffs have filed a Motion for Preliminary Injunction under Federal Rule of Civil Procedure 65(a) (the “Motion”) [ECF No. 30], along with a Memorandum in Support of that Motion for Preliminary Injunction (the “Memorandum”) [ECF No. 30-1]. For the reasons we outline below, the Motion for Preliminary Injunction is GRANTED.² THE FACTS which On May 10, 2023, Governor DeSantis signed into law Senate Bill 1718 (“SB 1718”), amended FLA. STAT. § 787.07 to impose criminal penalties on anyone “who knowingly and willfully transports into this state an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government 1 This litigation was originally styled The Farmworker Association of Florida, Inc., et al. v. Ronald DeSantis, et al., 23-cv-22655-ALTMAN. But, since we've dismissed Governor DeSantis from the case, we hereby ORDER the Clerk of Court to restyle the litigation as follows: The Farmworker Association of Florida, Inc., et al. v. Ashley Moody, et al., 23-cv-22655-ALTMAN. 2 The Motion is ripe for resolution. See Defendants' Response to Plaintiffs' Motion for Preliminary Injunction (the “Response") [ECF No. 50]; Plaintiffs' Reply to Defendants' Response to Plaintiffs' Motion for Preliminary Injunction (the "Reply") [ECF No. 67].

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 2 of 40 since his or her unlawful entry from another country.” Complaint for Injunctive Relief and Declaratory Judgment (the "Complaint”) [ECF No. 1] ¶¶ 65–66 (quoting FLA. STAT. § 787.07). Section 10 of SB 1718 provides, in its entirety, as follows: (1) Except as provided in subsections (3), (4), and (5), a person who knowingly and willfully transports into this state an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry from another country commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) A person commits a separate offense for each individual he or she transports into this state in violation of this section. (3) A person who transports a minor into this state in violation of subsection (1) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4) A person who commits five or more separate offenses under this section during a single episode commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (5) (a) A person with a prior conviction under this section who commits a subsequent violation of this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) As used in paragraph (a), the term “conviction” means a determination of guilt that is the result of a plea agreement or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered. (6) Proof that a person knowingly and willfully presented false identification or gave false information to a law enforcement officer who is conducting an investigation for a violation of this section gives rise to an inference that such person was aware that the transported individual has entered the United States in violation of the law and had not been inspected by the Federal Government since his or her unlawful entry. (7) A person who is arrested for a violation of this section must be held in custody until brought before the court for admittance to pretrial release in accordance with chapter 903. Id. 66 (quoting FLA. STAT. § 787.07). The Plaintiffs filed their Complaint on July 17, 2023, suing “Defendants Ronald D. DeSantis, Governor of the State of Florida, Ashley Moody, Attorney General of the State of Florida, Nicholas B. Cox, Statewide Prosecutor,” and the state attorneys for all twenty of Florida's judicial circuits. Id. at 3. The organizational Plaintiff, the Farmworker Association of Florida, Inc. (the “Farmworker Association" or "FWAF"), is a "grassroots and community-based farmworker membership 2

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 3 of 40 organization" whose mission is to “support and build power among farmworker and rural low-income communities." Id. ¶¶ 15–16. “FWAF serves seasonal workers as well as migrant workers who travel with the seasons to harvest crops. To do so, FWAF's members travel back and forth between Florida, Georgia, and Alabama, crossing back into Florida multiple times per year.” Id. ¶ 17. The individual Plaintiffs “belong to mixed-status families, churches, and communities.” Motion to Proceed Anonymously [ECF No. 29] at 1. “Their family members include U.S. citizens, Special Immigrant Juvenile Status (‘SIJS') and Deferred Action for Childhood Arrivals (DACA) applicants, and undocumented immigrants.” Ibid. The Plaintiffs allege that "Section 10 of [SB 1718], Ch. 2023-40, Laws of Fla. (“Section 10°) unconstitutionally criminalizes the act of transporting a broad category of immigrants into Florida." Complaint ¶ 1; see also id. ¶ 10 ("This action challenges Section 10 to prevent imminent harm that Plaintiffs and other Floridians, including both U.S. citizens and noncitizens, will suffer as the law goes into effect and is implemented. Plaintiffs seek injunctive and declaratory relief to bar such egregious unconstitutional actions from occurring in their communities."). We dismissed Governor DeSantis from this case on December 21, 2023, because we found that (1) the Plaintiffs didn't have standing to sue him, and (2) he was immune from the claims the Plaintiffs advanced in their Complaint. See Order Granting Motion to Dismiss [ECF No. 84]. On February 9, 2024, we denied the Plaintiffs' Motion to Proceed Anonymously, see Order Denying the Motion to Proceed Anonymously [ECF No. 86], and ordered the Plaintiffs to appear on the Docket using their own names, see Order Requiring Certificates of Interested Parties [ECF No. 87]. After we entered our Order Denying the Motion to Proceed Anonymously, two Plaintiffs— G.D.L. and M.G.—filed Notices of Voluntary Dismissal [ECF Nos. 90–91]. The seven remaining individual Plaintiffs then appeared by name. See Plaintiffs' Certificate of Interested Persons and Corporate Disclosure Statement [ECF No. 92]. In this Order, therefore, we'll use the Plaintiffs' full names, even where their declarations (or the parties' papers) originally referred to them by their initials. 3

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 4 of 40 The Plaintiffs now ask us to enter a preliminary injunction enjoining the Defendants from enforcing Section 10 of SB 1718. We held a preliminary-injunction hearing on December 13, 2023, where the parties presented their oral arguments. See Minute Entry [ECF No. 83]; see also Dec. 13, 2023, Hr'g Tr. [ECF No. 85]. This Order follows. THE LAW "A preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly establishes the ‘burden of persuasion' as to the four requisites.” All Care Nursing Serv., Inc. v. Bethesda Mem'l Hosp., Inc., 887 F.2d 1535, 1537 (11th Cir. 1989) (cleaned up). Those four familiar factors are: “(1) a substantial likelihood of success on the merits; (2) that irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that entry of the relief would serve the public interest." Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1225–26 (11th Cir. 2005). A showing of irreparable injury is “the sine qua non of injunctive relief" and is the most important of the four factors. Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir. 2000) (en banc) (cleaned up). To satisfy this standard, the “plaintiffs seeking preliminary relief [must] demonstrate that irreparable injury is likely in the absence of an injunction.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7,22 (2008). And a showing of irreparable injury “must be neither remote nor speculative, but actual and imminent." Ne. Fla. Chapter of the Ass'n of Gen. Contractors v. City of Jacksonville, 896 F.2d 1283, 1285 (11th Cir. 1990); see also Chacon v. Granata, 515 F.2d 922, 925 (5th Cir. 1975) (“An injunction is appropriate only if the anticipated injury is imminent and irreparable.”). Still, a district court cannot grant a preliminary injunction unless the moving party satisfies all four of the requirements. See Wreal, LLC v. Amazon.com, Inc., 840 F.3d 1244, 1248 (11th Cir. 2016) (“Because Wreal must meet all four prerequisites to obtain a preliminary injunction, failure to meet even one dooms [his request].”).

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 5 of 40 "[W]here facts are bitterly contested and credibility determinations must be made to decide whether injunctive relief should issue,” district courts must hold an evidentiary hearing on the propriety of injunctive relief. McDonald's Corp. v. Robertson, 147 F.3d 1301, 1312 (11th Cir. 1998) (citing All Care Nursing Serv., 887 F.2d at 1538 (cleaned up)). At that hearing, the court sits as factfinder. See Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr, S.A., 320 F.3d 1205, 1211 (11th Cir. 2003) ("Where conflicting factual information places in serious dispute issues central to a party's claims and much depends upon the accurate presentation of numerous facts, the trial court errs in not holding an evidentiary hearing to resolve these hotly contested issues." (cleaned up)). In our case, we set an evidentiary hearing on the Plaintiffs' Motion, at which all parties had the opportunity to present evidence and to advance their respective positions. Despite this opportunity, the parties decided not to present any evidence and to proceed only with their written briefings (as supplemented by lengthy oral presentations). See Dec. 13, 2023, Hr'g Tr. at 4:22–24 (“THE COURT: Are you going to put on any evidence at all for any of these motions? [PLAINTIFFS' COUNSEL]: No, Your Honor."); see also id. at 5:1 ("THE COURT [referring to defense counsel, who did not object]: So neither are you."); id. at 67:17–19 (“THE COURT: All right. We'll take that up- with no evidence, right, just argument? [PLAINTIFFS' COUNSEL]: Correct.”). I. Standing ANALYSIS As a threshold matter, the Defendants contend that all the Plaintiffs lack standing to seek a preliminary injunction here. See Response at 5. We disagree. To establish his standing under Article III of the U.S. Constitution, a plaintiff must have suffered an “injury in fact” that is “concrete, particularized, and actual or imminent; fairly traceable to the challenged action; and redressable by a favorable ruling.” Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139, 149 (2010). "Where only injunctive relief is sought, only one plaintiff with standing is required." Martin v. Kemp, 341 F. Supp. 3d 1326, 1333 5

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 6 of 40 (N.D. Ga. 2018) (emphasis added & cleaned up); see also ACLU of Fla., Inc. v. Byrd, 608 F. Supp. 3d 1148, 1153 (N.D. Fla. 2022) (Winsor, J.) (“[W]hen multiple plaintiffs seek injunctive relief, only one needs to show standing."); Town of Chester, N.Y. v. Laroe Estates, Inc., 581 U.S. 433, 439 (2017) (“[W]hen there are multiple plaintiffs[,] [a]t least one plaintiff must have standing to seek each form of relief requested in the complaint." (emphasis added)). In our case, at least one Plaintiff has standing to pursue this preliminary injunction. Take, for example, Andrea Mendoza Hinojosa. She's suffered an injury in fact because she's established “a realistic danger of sustaining direct injury" from "the statute's operation or enforcement.” Ga. Latino All. for Hum. Rts. v. Governor of Ga., 691 F.3d 1250, 1257 (11th Cir. 2012). In her Declaration, after all, she avers that she's transported undocumented immigrants (and is "100% willing to" continue transporting at least one undocumented immigrant) into the State of Florida, but (she says) she "believe[s] [she] should not have to risk jail time in order to get them life-saving care or to help them attend an appointment with USCIS, or for any other legitimate reason.” Declaration of Andrea Mendoza Hinojosa (the “Mendoza Decl.") [ECF No. 30-4] ¶¶ 14, 17. And her reluctance to engage in conduct she would otherwise have engaged in is sufficient to show an injury in fact. See W. Va. ex rel. Morrisey v. U.S. Dep't of the Treas., 59 F.4th 1124, 1137 (11th Cir. 2023) (“A plaintiff need not 'expose himself to liability' to have standing to challenge the enforcement of a law." (quoting MedImmune, Inc. v. Genentech, Inc., 549 U.S. 118, 128–29 (2007))). Ms. Mendoza's injury is also directly traceable to the passage of SB 1718, which she says prevents her from "do[ing] [her] job effectively” and “help[ing] people in [her] community." Mendoza Decl. ¶ 17; see also id. ¶¶ 5, 14, 17 (“Transporting individuals with various immigration statuses, including individuals who have never had any contact with immigration authorities, is a key part of my job.. SB 1718, however, has made me extremely anxious that my efforts to help [people who have not been inspected by the federal government] may result in significant jail time and prosecution 6

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 7 of 40 for me I operate my nonprofit on a limited budget, and I would face extreme financial hardship if forced to pay for my release on bond or for my criminal defense if I were arrested.”). Finally, Ms. Mendoza's injury would be redressed by an injunction against the enforcement of Section 10 because, with the statute enjoined, her conduct would no longer put her at risk of arrest or prosecution. See Order Granting Motion to Dismiss at 4 (“In many cases, ‘redressability and traceability overlap as two sides of a causation coin."" (quoting Nova Health Sys. v. Gandy, 416 F.3d 1149, 1159 (10th Cir. 2005))). Carmenza Aragon has likewise established her standing to pursue this injunction. Ms. Aragon planned to drive her undocumented grandson—who has a petition pending for Special Immigrant Juvenile Status from Florida to Georgia to visit family members who live in Georgia. See Declaration of Carmenza Aragon (the “Aragon Decl.") [ECF No. 30-7] ¶¶ 5—6; see also id. ¶ 6 (“My grandson and I traveled to Georgia for a visit with family last October, and we were planning to go again this year.”). She then planned to drive her grandson back from Georgia to Florida. Ibid. Since the passage of SB 1718, however, Ms. Aragon “had to give up [her] trip to Georgia[.]" Id. ¶ 7. And this harm—not being permitted to travel with her grandson to Georgia—is ongoing: “I do not know when we will be able to go back to visit our family. Now that the transport law is in place, I am afraid to travel with my grandson. If I am traveling with him, I could be stopped and arrested for breaking the new transport law if the police believe I am transporting him. That idea fills me with panic . . . . I am getting older, and time with my loved ones is important.” Ibid. Having felt compelled to cancel her trip to see family because she reasonably feared arrest under Section 10—and having been prevented from taking her grandson to Georgia at any time since-Ms. Aragon has shown that she, too, has suffered (and continues to suffer) an injury in fact, even though she hasn't put herself at risk of an actual arrest. As the Eleventh Circuit explained in Taylor v. Polhill: Taylor has sufficiently alleged an injury in fact. Taylor challenges the Pre-Sale Testing Statute's constitutionality, arguing both that the statute violates his right to due process 7

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 8 of 40 and that it is preempted by federal law. In his complaint, Taylor alleges that, prior to giving up his license, he was a state-licensed hearing aid specialist for thirty years and had operated his own hearing aid retail store for over twenty-six years. Taylor also alleges that “[b]ut for Florida's prohibition for dispensing hearing aids without using its required fitting procedures and equipment, [he] would immediately begin dispensing hearing aids.” In other words, the only thing keeping Taylor from dispensing hearing aids is the threat of enforcement of the allegedly unconstitutional Pre-Sale Testing Statute. And, as Florida's statutory scheme for dispensing hearing aids has been enforced against Taylor in the past, the chance that it will be enforced against him in the future is not speculative. Taylor is thus put in the position of either refraining from conduct he alleges to be unconstitutionally prohibited or engaging in such conduct and exposing himself to enforcement. The Constitution does not require that Taylor expose himself to enforcement of the statute before he can challenge the statute. Hence, Taylor has properly alleged an injury in fact. 964 F.3d 975, 980-81 (11th Cir. 2020). So, too, here: But for Section 10, Ms. Aragon would be driving her grandson to visit family in Georgia. And we have no reason to think that enforcement of Section 10 is unlikely or merely speculative.³ words: 3 A third Plaintiff, Maria Medrano Rios, has suffered an almost-identical injury in fact. In her I had planned to travel with my family to Texas, so that my children could visit their cousins and so that I could spend time with my brother and sister. I'd spoken to my brother and sister about this trip, and I told my children about it-everyone was very excited... Now, though, we can't take this trip. It is just too big a risk for my children and me. [My daughter] does not have an immigration case, and does not have any immigration status, even though she has applied for DACA. So, I am scared that she is not allowed to be brought back into Florida if we leave. And I don't know whether I can be driven back into Florida either, since I don't have any official status. I have a case in immigration court, where I am working to get immigration protection, and I have a As we'll discuss in more detail later, the Defendants claim that these Plaintiffs lack standing because "the individuals they plan to transport have been ‘inspected" within the meaning of Section 10. Response at 9. They therefore promise that “[t]hese Plaintiffs face no credible threat of prosecution.” Ibid. But the Supreme Court has “warn[ed] against accepting as ‘authoritative' an Attorney General's interpretation of state law when 'the Attorney General does not bind the state courts or local law enforcement authorities." Stenberg v. Carhart, 530 U.S. 914, 940 (2000) (quoting Virginia v. Am. Booksellers Ass'n, Inc., 484 U.S. 383, 395 (1988)). Since we're “without power to adopt a narrowing construction of a state statute unless such a construction is reasonable and readily apparent,” Boos v. Barry, 485 U.S. 312, 330 (1988) (emphasis added), we think enforcement against the individual Plaintiffs is sufficiently likely to satisfy Article III standing. 8

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 9 of 40 work permit based on this case, but the case is not yet completed. Because of this, I'm fearful that our family could be stopped and arrested coming back home[.] Declaration of Maria Medrano Rios (the “Medrano Rios Decl.") [ECF No. 30-8] ¶¶ 8, 10 (emphasis added). As with Ms. Aragon, the “only thing keeping [Ms. Medrano Rios] from” visiting her family outside of Florida is the looming threat of arrest under Section 10—which the Plaintiffs allege is unconstitutional. See Taylor, 964 F.3d at 980. Since Ms. Medrano Rios has been put in the position of either refraining from conduct she alleges to be unconstitutionally prohibited or engaging in the proscribed conduct and exposing herself to arrest and prosecution, she's established an ongoing injury in fact. See Medrano Rios Decl. ¶ 10 (noting that “I'm fearful”—present tense—“that our family could be stopped and arrested coming back home"). And both Ms. Aragon's and Ms. Medrano Rios's injuries are directly traceable to the passage of SB 1718 and would be redressed by an injunction against Section 10. Resisting, the Defendants argue that the individual Plaintiffs lack standing because their “conduct does not violate the statute.”4 Response at 10. In support of this view, the Defendants offer the following narrowing construction of Section 10: 4 Section 787.07(1) provides that “a person who knowingly and willfully transports into this state an individual whom the person knows, or reasonably should know, has The Defendants also contend that Ms. Mendoza specifically lacks standing because she “offers no concrete plans" to violate Section 10 in the future. Response at 10 (emphasis added). But Article III doesn't require a plaintiff to give us an exact date and time for her plans. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 564 n.2 (1992) (recognizing that "imminence' is concededly a somewhat elastic concept"). Ms. Mendoza avers that she regularly drives “individuals who have never had any contact with immigration authorities” into Florida. Mendoza Decl. ¶ 5. She also tells us that she knows a "middle-aged undocumented woman from the state of Yucatan, Mexico," who (when Ms. Mendoza wrote her Declaration) was receiving emergency dialysis in a hospital in Georgia. Id. ¶¶ 11, 13. Although Ms. Mendoza was not sure “how long” this woman would be in Georgia, she was “100% willing to transport her to Florida . . to get the care she needs.” Id. ¶¶ 13–14. We think that's sufficiently imminent under the circumstances. See Houston v. Marod Supermarkets, Inc., 733 F.3d 1323, 1340 (11th Cir. 2013) (“Immediacy is an elastic concept . Plaintiff Houston has traveled to Miami- .... Dade County on a regular basis in the past and expects to do so in the near future.... That is enough[;] Houston has frequently visited the area near the store in the past and will maintain the same frequency in the future." (cleaned up)). 9

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 10 of 40 entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry” commits a felony. . . . [T]he term "inspected" refers to any instance in which the federal government can decide whether to take action against a person. To “inspect" something is to "examine [it] officially," "to look carefully,” or to "make an examination." Inspect, Webster's Third International Dictionary 1170 . . . . "Inspected" thus denotes an opportunity to examine a person, not a final decision on the person's admissibility or legal status. Cf. Matter of G, 3 I. & N. Dec. 136, 138 (BIA 1948) (explaining that being “inspected”" means giving immigration officials an opportunity to question an alien) . Indeed, in federal law, an "inspection" is complete even if no decision is made as to admission. See, e.g., 8 U.S.C. § 1225(a)(2) (discussing referring an alien for further proceedings "[u]pon inspection"); 19 U.S.C. § 1459(a), (d) (requiring individuals arriving in the United States to present themselves “for inspection"); see also Matter of Quilantan, 25 I. & N. Dec. 285, 293 (BIA 2010) (defining “inspected and admitted” (emphasis added)). And federal law mandates inspections even if a person is encountered in the interior years after unlawful entry. See 8 U.S.C. § 1225(a)(1) (defining “applicant for admission” to include “[a]n alien present in the United States who has not been admitted"); 8 U.S.C. § 1225(b) (requiring all applicants for admission to be inspected). In light of the above, most of Plaintiffs' concerns about § 787.07 are simply misplaced. Visa holders, DACA recipients, and aliens with pending applications for asylum or removal proceedings have all been “inspected” because they have notified the federal government of their presence, and the federal government can decide whether to take immediate action. To be sure, Plaintiffs contest this reading. But in a pre-enforcement challenge, it is enough that the statute “could be read” in the manner offered by the State Defendants. See Arizona, 567 U.S. at 413–15[.] Id. at 3-5. The Defendants, in short, insist that the individuals our Plaintiffs want to transport into Florida have "been inspected under § 787.07[.]" Id. at 10; see also id. at 11 ("The person [Ms. Medrano Rios] wishes to transport across state lines is her daughter, who has a pending application with federal authorities for DACA benefits. Under § 787.07, her daughter has been ‘inspected,' and [Ms. Medrano Rios's] conduct would not violate the challenged statute."); ibid. (same as to Ms. Aragon's grandson, “who has a pending petition with federal authorities for a change in status”). On the Defendants' reading of Section 10 of SB 1718, therefore, the conduct of these three Plaintiffs doesn't violate the statute—a reality that deprives them of standing. 10

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 11 of 40 But the Defendants cannot use their own (narrow) construction of Section 10 to defeat the Plaintiffs' standing. In Morrisey, for instance, thirteen states “sued the Treasury Secretary and related officials to challenge a tax offset provision in the American Rescue Plan Act, a coronavirus stimulus package passed by Congress in 2021.” 59 F.4th at 1131–32. The Secretary argued that the “States lack standing to challenge the offset provision because the Secretary has not initiated a recoupment action against any of them.” Id. at 1135. According to the Secretary, “the offset provision does not proscribe the States' conduct because its text makes clear' that States may cut taxes so long as they ‘pay' for a tax cut without using Rescue Plan funds.” Id. at 1137. In the Eleventh Circuit's view, however, “[t]his argument—that the offset provision is clear-goes to the merits of the States' claims, not their standing to raise them.” Ibid. “When we assess standing,” the court explained, “we 'must be careful not to decide the questions on the merits for or against the plaintiff, and must therefore assume that on the merits the plaintiffs would be successful in their claims."" Ibid. (quoting Culverhouse v. Paulson & Co., 813 F.3d 991, 994 (11th Cir. 2016)). Applying this principle, the Circuit came to the same conclusion we reach here: Reviewing the text of the statute for standing purposes, we believe the States have shown that the offset provision arguably proscribes their conduct. The offset provision prohibits states from using federal funds to “either directly or indirectly offset a reduction in the[ir] net tax revenue” resulting from a change in state law “during the covered period that reduces any tax . . . or delays the imposition of any tax or tax increase.” 42 U.S.C. § 802(c)(2)(A). Money is fungible. By prohibiting both direct and "indirect" offsets, the provision arguably proscribes a state from accepting the money if it enacts any tax cut. Id. at 1137-38 (emphases added). And that's consistent with the way courts in our Circuit have treated similar attempts by attorneys general to undermine a plaintiff's standing by offering narrowing interpretations of a statute. See, e.g., Shen v. Simpson, 2023 WL 5517253, at *1, 4 (N.D. Fla. Aug. 17, 2023) (Winsor, J.) (emphasis added & cleaned up) (“The challenged law, codified at Florida Statutes § 692.201–204, . restricts land purchases by any ‘[f]oreign principal,' which it defines to include anyone who is domiciled in a 11

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 12 of 40 foreign country of concern and is not a citizen or lawful permanent resident of the United States.'... The State [d]efendants argue that as a matter of Florida law, none [of the plaintiffs] is domiciled in China because each intends to reside in Florida indefinitely. The relevant issue, though, is whether [p]laintiffs' conduct is ‘arguably. . . proscribed by the new law And [plaintiffs] Shen, Wang, and Liu have shown that they are arguably domiciled in China and risk violating §§ 692.203 and 692.204. The new law, which does not independently define 'domicile,' 'sweeps broadly,' and arguably applies to [p]laintiffs.” (quoting Susan B. Anthony List v. Driehaus, 573 U.S. 149, 162 (2014))); cf. Stenberg, 530 U.S. at 940 (“We cannot accept the Attorney General's narrowing interpretation of [a state] statute. This Court's case law makes clear that we are not to give the Attorney General's interpretative views controlling weight."). As these cases make plain, the government cannot, in its response to a preliminary-injunction request, introduce a novel, narrowing construction of a statute and then demand that we make standing determinations based on that untested, non-binding interpretation. On the contrary, when standing is challenged, we must "assume that on the merits the plaintiffs would be successful in their claims.” Morrisey, 59 F.4th at 1137. Nor are the Defendants right to say that, “in a pre-enforcement challenge, it is enough that the statute 'could be read' in the manner offered by the State Defendants.” Response at 5 (quoting Arizona v. United States, 567 U.S. 387, 413 (2012)). In Arizona, the Supreme Court invoked the constitutional-avoidance doctrine in resolving the merits of an injunction—not (as here) in assessing the petitioners' standing contentions. See Arizona, 567 U.S. at 413–14 (“Some who support the challenge to § 2(B) argue that, in practice, state officers will be required to delay the release of some detainees for no reason other than to verify their immigration status . . . . But § 2(B) could be read to avoid these concerns. To take one example, a person might be stopped for jaywalking in Tucson and be unable to produce identification. The first sentence of § 2(B) instructs officers to make a ‘reasonable' attempt 12

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 13 of 40 to verify his immigration status with ICE if there is reasonable suspicion that his presence in the United States is unlawful."). The standard the Court applied in Arizona is therefore inapposite here. In fact, as we've said, when it comes to standing, a plaintiff need only show that his “intended future conduct is arguably proscribed by the statute.” Susan B. Anthony List, 573 U.S. at 162 (emphasis added & cleaned up); see also Picard v. Magliano, 42 F.4th 89, 98 (2d Cir. 2022) (“The Supreme Court's opinion in Susan B. Anthony List makes clear that courts are to consider whether the plaintiff's intended conduct is ‘arguably proscribed by the challenged statute, not whether the intended conduct is in fact proscribed."); Turtle Island Foods, S.P.C. v. Strain, 65 F.4th 211, 217–18 (5th Cir. 2023) (“[The plaintiff] has standing if its intended action-continuing with its ‘plant-based' labels that use meat-esque words—is arguably proscribed. And here, it is: the Act arguably sweeps broadly enough to capture [the plaintiff's] conduct . . . . While [the plaintiff's] interpretation may not be the best interpretation, the test doesn't require that."). As we've suggested, the conduct of the three Plaintiffs we've discussed above is at least arguably proscribed by Section 10. The Defendants counter that these individual Plaintiffs lack standing because the people they "wish[ ] to transport across state lines" have “pending application[s] with federal authorities,” and “Visa holders, DACA recipients, and aliens with pending applications for asylum or removal proceedings have all been inspected" within the meaning of SB 1718. Response at 4, 11. Specifically, the Defendants suggest that individuals with pending immigration applications have "been inspected' because they have notified the federal government of their presence, and the federal government can decide whether to take immediate action.” Id. at 4. But it's not clear to us that the Defendants' interpretation of Section 10 is the correct one. As the Defendants concede, "[t]o ‘inspect' something is to ‘examine [it] officially,' 'to look carefully,' or to ‘make an examination.” Id. at 3 (quoting Inspect, WEBSTER'S THIRD NEW INTERNATIONAL DICTIONARY 1170 (1993)). And other dictionaries similarly define the verb “inspect” 13

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 14 of 40 to mean (1) “to view closely in critical appraisal"; and (2) “to examine officially.” Inspect, MERRIAM- WEBSTER, https://www.merriam-webster.com/dictionary/inspect (last visited May 21, 2024). “Absent a legislatively supplied definition," as the Defendants note, “we give [words their] 'plain and ordinary meaning' at the time of the statute's enactment, and we often look to contemporaneous dictionaries for evidence of that meaning.” Response at 4 (quoting Tsuji v. Fleet, 366 So. 3d 1020, 1028 (Fla. 2023)). That's a problem for the Defendants here because, as each of these definitions makes clear, the word “inspect” focuses on the actions of (and denotes some examination by) the inspector. He, after all, is the subject who must “examine officially," "look carefully,” “make an examination,” “view closely," etc. By any of these definitions, then, a person who submits an application to the USCIS without any evidence that some inspector actually “examined [it] officially,” “looked [at it] carefully,” or "viewed [it] closely" would appear not to have been “inspected.” To circumvent the plain meaning of the word “inspect,” our Defendants add words and phrases that don't appear in any of the available definitions. So, for instance, they say that the word ““[i]nspecteď . . . denotes an opportunity to examine a person, not a final decision on the person's admissibility or legal status." Response at 4 (emphasis added). But we've seen no definition of “inspect" that includes “an opportunity to examine”—and it's not our role to “add[] to what the text states or reasonably implies (casus omissus pro omisso habendus est).” A. SCALIA & B. GARNER, READING LAW: THE INTERPRETATION OF LEGAL TEXTS 93 (2012). Had the Florida legislature intended to exclude from the statute's coverage both people who had been inspected and those who had given the examiners an opportunity to inspect them, then the Defendants' arguments would have some merit. But it's our job to interpret the law as it was actually written-not the one the Defendants wish the legislature had promulgated. See Pinares v. United Techs. Corp., 973 F.3d 1254, 1262 (11th Cir. 2020) ("Where [the legislature] knows how to say something but chooses not to, its silence is controlling." (cleaned up)); Jama v. Immigr. & Customs Enft, 543 U.S. 335, 341 (2005) (“We do not lightly assume 14

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 15 of 40 that [the legislature] has omitted from its adopted text requirements that it nonetheless intends to apply, and our reluctance is even greater when [the legislature] has shown elsewhere in the same statute that it knows how to make such a requirement manifest.”); cf. Savage Servs. Corp. v. United States, 25 F.4th 925, 935 (11th Cir. 2022) (refusing to read into the Oil Pollution Act a waiver of sovereign immunity because the legislature “knows how to waive sovereign immunity when it wants to"). Given that the plain meaning of the word “inspect” denotes careful or official examination, we cannot agree with the Defendants that simply giving USCIS the opportunity to review an application qualifies as an "inspection."5 Since we're here addressing the Defendants' claim that the individual Plaintiffs lack standing— and given the Plaintiffs' plausible reading of the law—we think these three Plaintiffs' conduct is arguably proscribed by Section 10 of SB 1718. We also think that the Farmworker Association has standing to challenge Section 10. “[A]n organization has standing to sue on its own behalf if the defendant's illegal acts impair its ability to engage in its projects by forcing the organization to divert resources to counteract those illegal acts." Fla. State Conference of N.A.A.C.P. v. Browning, 522 F.3d 1153, 1165 (11th Cir. 2008). In Browning, the Eleventh Circuit held that the organizational plaintiff had standing because it made a “sufficient showing" that it "will have to divert personnel and time to educating volunteers and voters on compliance with Subsection 6 and . . . [t]hese resources would 5 The Plaintiffs separately note that the Board of Immigration Appeals (“BIA”) has interpreted the word “inspect” to require an in-person interaction with immigration officials. In Matter of Quilantan, for example, the BIA held that “an alien who physically presents herself for questioning and makes no knowing false claim to citizenship [has been] ‘inspected[.]”” 25 I. & N. Dec. 285, 293 (BIA 2010) (emphasis added); see also In the Matter of G-, 3 I & N Dec. 136, 138 (BIA 1948) (“[W]e have always held that an alien who physically presents himself for questioning is ‘inspected' even though he volunteers no information and is asked no questions by the immigration authorities." (emphasis added)). While these passages aren't dispositive on the meaning of the word "inspection" as it appears in our statute, they do (like the dictionary definitions quoted above) cast doubt on the Defendants' claim that “aliens with pending applications" have been “inspected” simply “because they have notified the federal government of their presence[.]" Response at 4. 15

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 16 of 40 otherwise be spent on registration drives and election-day education and monitoring.” 522 F.3d at 1165–66. Similarly, in Common Cause, the Circuit found that the NAACP had standing because it "divert[ed] resources from its regular activities to educate and assist [affected individuals] in complying with the [challenged] statute[.]” Common Cause/Ga. v. Billups, 554 F.3d 1340, 1350 (11th Cir. 2009). And, in Georgia Latino, the court held that the organizational plaintiffs had standing because they "diverted resources to educate their members, staff, and volunteers on the consequences of the [challenged] law." 691 F.3d at 1260; see also ibid. (“The enactment of H.B. 87 caused [the plaintiff] [Coalition of Latino Leaders] to receive an increased number of inquiries about the law, forcing it to divert volunteer time and resources to educating affected members of the community and fielding inquiries. As a result, CLL has cancelled citizenship classes to focus on these effects. According to CLL, ‘these problems will only get worse if the bill goes into effect.”” (cleaned up)). from As with the organizational plaintiffs in these cases, the Farmworker Association has shown, through a sworn Declaration from its General Coordinator, that it's had to divert resources away its regular activities to educate and assist affected individuals in their efforts to comply with Section 10 of SB 1718. See Declaration of Nezahualcoyotl Xiuhtecutli (the “Xiuhtecutli Decl.”) [ECF No. 30- 3] ¶ 11(c) (“Since the beginning of 2023, I had intended to increase our agroecology educational work through workshops. However, to do this we need to hire an agroecology coordinator.... Because our resources—both staff time and financial resources—have been diverted to responding to SB 1718, and Section 10 in particular, I have been unable to make this hire."); id. ¶ 34 (“FWAF has [ ] held member meetings regarding SB 1718, including Section 10, and sent out information and communications to its members and the immigrant community. These efforts are outside FWAF's regular activities and have consumed valuable resources. These efforts are () ongoing and continue to drain valuable resources from FWAF that would otherwise go to our core programs encouraging farmworkers' civic participation, advancing and educating the community on agroecology, building 16

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 17 of 40 farmworker coalitions, supporting worker's rights, improving working conditions, and safeguarding farmworkers' health and safety."); id. ¶ 38 (“I anticipate that the community impact of Section 10, including arrests and detentions, will continue to divert FWAF's resources from its core mission of strengthening farmworker communities through its different programs and normal organizing work." (emphasis added)). Given that the Farmworker Association "claim[s] injuries analogous to those present in Common Cause and Browning, we are satisfied that [it] meet[s] the minimum requirements of Article III." Ga. Latino, 691 F.3d at 1260.6 We're therefore satisfied that at least one Plaintiff has standing to challenge the constitutionality of Section 10. II. a. Substantial Likelihood of Success on the Merits Due Process The Plaintiffs say that they're likely to succeed on the merits for two main reasons. First, they argue that "Section 10 [of SB 1718] is preempted" in several ways. Memorandum at 9. Second, they contend that "Section 10 violates the Due Process Clause because it is unconstitutionally vague.” Id. at 17. We'll begin our analysis with the Plaintiffs' due-process argument, which (as we've suggested) we "find to be [their] least persuasive argument[.]” Dec. 13, 2023, Hr‍g Tr. at 80:11–12. The Plaintiffs insist that Section 10 violates the Due Process Clause of the Fourteenth Amendment "because it fails to provide ordinary citizens with notice of the conduct it prohibits and invites arbitrary and discriminatory enforcement.” Memorandum at 17. In their view: Section 10 makes it a felony to transport into Florida a passenger who "has not been inspected by the Federal Government since his or her unlawful entry.” Ch. 2023-40, § 10, at 11-12, Laws of Fla. (amending § 787.07(1), (3)-(5)(a), Fla. Stat. (2022)). But Section 10 does not define what it means to be "inspected” “since” entry. The legislative history of Section 10 indicates that lawmakers sought to use the terms as they are understood in immigration law, but as explained above, immigration law does not contain that category or say what it means. Supra Part I.A.iii. And since people's 6 The Defendants advance several additional arguments about the Farmworker Association's alleged injury, see Response at 6-9, which apply with equal force to the irreparable-harm prong of the preliminary-injunction test. So, we'll address—and reject—those arguments in that section below. 17

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 18 of 40 immigration pathways can take hundreds of different forms, Section 10 leaves Floridians guessing as to which pathways show an “inspection” “since" entry and which ones do not. . . . [C]itizens of ordinary intelligence and law enforcement officers charged with enforcing this law are left with no hope of understanding what Section 10 prohibits and to whom it applies. This, alone, is unconstitutional. But the extremely high stakes of Section 10 which impose mandatory pre-trial criminal detention and felony culpability - make the law's vagueness even more constitutionally intolerable. - Id. at 17, 20. We disagree. Even accepting that the words "inspected” and “since" are subject to some interpretation, we cannot conclude that the Plaintiffs are likely to succeed on the merits of their due-process claim because “[t]he mere fact that a statute requires interpretation does not necessarily render it void for vagueness.” Barr v. Galvin, 626 F.3d 99, 108 (1st Cir. 2010). And, while "the Constitution tolerates a lesser degree of vagueness in enactments with criminal rather than civil penalties, . . . absolute precision in drafting laws is not demanded.” High Ol Times, Inc. v. Busbee, 673 F.2d 1225, 1229 (11th Cir. 1982). Instead, “[u]nconstitutionally vague statutes are those which are not subject to reasonable interpretation" whatsoever. United States v. Vincent, 2022 WL 1401463, at *12 (N.D. Ga. May 3, 2022) (cleaned up); see also Indigo Room, Inc. v. City of Fort Myers, 710 F.3d 1294, 1302 (11th Cir. 2013) (“[F]acial vagueness occurs when a statute is utterly devoid of a standard of conduct so that it simply has no core and cannot be validly applied to any conduct . . [I]f persons of reasonable intelligence can derive a core meaning from a statute, then the enactment may validly be applied to conduct within that meaning and the possibility of a valid application necessarily precludes facial invalidity.” (cleaned up)). As we've suggested, Section 10 has at least one reasonable interpretation—that “a person is inspected. if he physically presents himself for questioning.” Reply at 10 (cleaned up). On this interpretation, the Plaintiffs maintain that merely mailing (or emailing) an "application for an immigration benefit” to USCIS does not “mean[ ] a person has been inspected.” Id. at 10 & n.8. 18

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 19 of 40 Because we agree with the Plaintiffs that theirs is a reasonable interpretation of Section 10, we have trouble concluding that the statute is so vague that it fails to put reasonable people on notice of its meaning. See United States v. Williams, 553 U.S. 285, 304 (2008) (holding that a law is "void for vagueness” if it “fails to provide a person of ordinary intelligence fair notice of what is prohibited, or is so standardless that it authorizes or encourages seriously discriminatory enforcement”). In any event, without guidance from Florida's state courts (much less the Florida Supreme Court) on the meaning of Section 10, we hesitate to declare the statute vague—and, therefore, invalid. See Wainwright v. Stone, 414 U.S. 21, 22–23 (1973) (“The judgment of federal courts as to the vagueness or not of a state statute must be made in the light of prior state constructions of the statute. For the purpose of determining whether a state statute is too vague and indefinite to constitute valid legislation we must take the statute as though it read precisely as the highest court of the State has interpreted it." (emphasis added & cleaned up)).7 More importantly, the Plaintiffs concede that their own conduct has been criminalized by Section 10. See Motion to Proceed Anonymously at 13 (“[The Plaintiffs] engage in and, in the future, intend to engage in activity that Florida has newly criminalized—that is, driving or traveling with their noncitizen family members or members of the communities they serve into Florida.... Under Section 10 of SB 1718, this activity exposes them to mandatory arrest and detention [and] prosecution on 7 The Plaintiffs add that “Florida legislators rejected numerous amendments that would have replaced ‘inspected' with clearer language," including language that would have replaced the phrase “has not been inspected by the Federal Government" with the phrase “has not contacted an official or office of the United States government in person, virtually or by telephone or email.” Memorandum at 18– 19. They say that the "statutory history and legislative history of Section 10 further highlight the incoherence of inspected' in this statute." Id. at 18. But this presumes that the Defendants' interpretation of the statute-as proscribing the interstate travel only of individuals who either have been inspected or have given the government an opportunity to inspect them—is the correct one. As we've indicated, we're quite skeptical of this construction. In any event, the fact that the Florida legislature could have “chosen clearer and more precise language equally capable of achieving [its objective] does not mean that the statute which it in fact drafted is unconstitutionally vague." United States v. Powell, 423 U.S. 87, 94 (1975) (cleaned up). 19

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 20 of 40 felony charges[.]”); Memorandum at 20 (“Individual Plaintiffs and FWAF members transport into Florida family members, co-workers, and others who entered unlawfully and who likely have not been 'inspected' for purposes of Section 10, in possible violation of the law Under the broad language of Section 10, Plaintiffs and FWAF members face arrest, prosecution, mandatory detention, and family separation."). Since the “statutory provision at issue clearly proscribes some conduct in which the challenger[s] engage[ ]"—at least according to the Plaintiffs—“the challenger[s] cannot complain of the statute's vagueness.” Case v. Ivey, 542 F. Supp. 3d 1245, 1270 (M.D. Ala. 2021) (emphasis added) (citing Vill. of Hoffman Ests. v. Flipside, Hoffman Ests., Inc., 455 U.S. 489, 495 (1982)). And that makes sense. If the Plaintiffs are confident that their family members and colleagues "likely have not been inspected' for purposes of Section 10,” Memorandum at 20 (emphasis added), they cannot simultaneously say that the statute is so vague as to be "incoherent,” id. at 19. And no one seems to be disputing the statute's application to the transportation of illegal immigrants who've never encountered the federal government. See Response at 1 (“The challenged statute prohibits knowingly transporting individuals across state lines . . . when the federal government has had no opportunity to inspect them following an illegal border crossing."); see also Ala. Educ. Ass'n v. State Superintendent of Educ., 746 F.3d 1135, 1140 (11th Cir. 2014) (reversing district court's grant of a preliminary injunction on vagueness grounds because “[s]ome of [the challengers'] conduct indisputably falls within the [a]ct's definition of political activity, and therefore the challengers cannot bring a facial challenge arguing the based on other applications"); J&B Social Club, No. 1, Inc. v. City of Mobile, 920 F. Supp. 1241, 1247 (S.D. Ala. 1996) (“As for the plaintiffs' claim of facial vagueness, the ordinance clearly is not vague in all of its applications. There is no question that it prohibits topless female dancing in a bar such as the one owned and operated by the plaintiffs." (emphasis added)). term vague Similarly, in our case, the Plaintiffs concede—in fact, they insist—that Section 10 prohibits at least some of their conduct. See, e.g., Reply at 7 (“Defendants bizarrely suggest that Section 10 only 20

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 21 of 40 But Section 10 ‘indirectly” ‘discourage[s]' undocumented immigrants ‘from entering the State.’ flatly prohibits their transport into the state, and criminalizes providing it."). We thus cannot agree that persons of reasonable intelligence would be unable to derive a “core meaning” from Section 10. See Motion to Proceed Anonymously at 1 (“Plaintiffs bring this lawsuit challenging a law that will criminalize their families' and friends' travel into Florida[.]"). The Plaintiffs, in short, haven't shown that they're likely to succeed on the merits of their due-process claim. b. Preemption The Plaintiffs' preemption arguments are far stronger. As the Plaintiffs see it, “the Eleventh Circuit has squarely held, as a matter of both field and conflict preemption, that states cannot regulate the transport of immigrants, because federal law fully occupies that field and displaces even complementary state regulation. That clear holding is fatal to Section 10 and [is] sufficient to resolve this case." Memorandum at 9. In their view, because the “federal transport and harboring regime [] contained in 8 U.S.C. § 1324. . . . establish[es] ‘an overwhelmingly dominant federal interest in the field of ‘entry, movement, and residence of aliens in the United States,” id. at 9-10 (quoting Ga. Latino, 691 F.3d at 1264), “field preemption 'foreclose[s] any state regulation in the area," id. at 10 (quoting Arizona, 567 U.S. at 401). 222 There are three ways in which federal law can preempt state law. First, “express ‘pre-emption occurs when Congress, in enacting a federal statute, expresses a clear intent to pre-empt state law."" Nat'l Ass'n of State Util. Consumer Advos. v. FCC, 457 F.3d 1238, 1252 (11th Cir. 2006) (quoting La. Pub. Serv. Comm'n v. FCC, 476 U.S. 355, 368 (1986)). Second, “conflict preemption occurs when there is outright or actual conflict between federal and state law."" Ibid. (quoting La. Pub. Serv. Comm'n, 476 U.S. at 368). Third, "[f]ield preemption occurs when a congressional legislative scheme is 'so pervasive as to make the reasonable inference that Congress left no room for the states to supplement it.” Browning, 522 F.3d at 1167 (quoting Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230 (1947)). But, as 21

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 22 of 40 the Supreme Court has explained, “the categories of preemption are not rigidly distinct,” and “field pre-emption may be understood as a species of conflict pre-emption[.]" Crosby v. Nat'l Foreign Trade Council, 530 U.S. 363, 372 n.6 (2000). In other words, a state law that's field preempted necessarily “conflicts with Congress' intent (either express or plainly implied) to exclude state regulation.” English v. Gen. Elec. Co., 496 U.S. 72, 79 n.5 (1990). We'll therefore address the Plaintiffs' arguments on field and conflict preemption together. The Eleventh Circuit has been clear that, through the Immigration and Nationality Act ("INA"), Congress “provided a full set of standards to govern the unlawful transport and movement of aliens.” Ga. Latino, 691 F.3d at 1264 (cleaned up). In our Circuit's view, therefore, “a state's attempt to intrude into this area is prohibited because Congress has adopted a calibrated framework within the INA to address this issue.” Ibid. As the Circuit has explained (reviewing a Georgia law that placed prohibitions on transporting undocumented immigrants): [S]ection 7 [of the Georgia law] creates three distinct state criminal violations: (1) transporting or moving an illegal alien, O.C.G.A. § 16–11–200(b); (2) concealing or harboring an illegal alien, id. § 16–11–201(b); and (3) inducing an illegal alien to enter the state of Georgia, id. § 16–11–202(b). Each of these offenses requires that the accused also be engaged in another criminal activity, and each further requires that the accused know of the illegal status of the subject. The State Officials argue that the district court erred in finding that section 7 is preempted by the criminal provisions of the INA, particularly 8 U.S.C. § 1324. We disagree. To determine the intent of Congress, we first look to the text of the relevant federal statutes. The INA provides a comprehensive framework to penalize the transportation, concealment, and inducement of unlawfully present aliens. Pursuant to 8 U.S.C. § 1324(a)(1)(A)(ii)—(iv), it is a federal crime for any person to transport or move an unlawfully present alien within the United States; to conceal, harbor, or shield an unlawfully present alien from detection; or to encourage or induce an alien to "come to, enter, or reside in the United States.” Any person who conspires or aids in the commission of any of those criminal activities is also punishable. Id. § 1324(a)(1)(A)(v). Section 1324(c) permits local law enforcement officers to arrest for these violations of federal law, but the federal courts maintain exclusive jurisdiction to prosecute for these crimes and interpret the boundaries of the federal statute. See id. § 1329. Subsection (d) of § 1324 further dictates evidentiary rules governing prosecution of one of its enumerated offenses, and subsection (e) goes so far as to mandate a community outreach program to "educate the public in the United States and abroad about the penalties for bringing in and harboring aliens in violation of this section.” Rather than 22

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 23 of 40 authorizing states to prosecute for these crimes, Congress chose to allow state officials to arrest for § 1324 crimes, subject to federal prosecution in federal court. See id. SS 1324(c), 1329. In the absence of a savings clause permitting state regulation in the field, the inference from these enactments is that the role of the states is limited to arrest for violations of federal law. We are further convinced that section 7 presents an obstacle to the execution of the federal statutory scheme and challenges federal supremacy in the realm of immigration. By confining the prosecution of federal immigration crimes to federal court, Congress limited the power to pursue those cases to the appropriate United States Attorney. See 8 U.S.C. § 1329; Arizona, 132 S.Ct. at 2503 (explaining that if the state provision came into force, states would have “the power to bring criminal charges against individuals for violating a federal law even in circumstances where federal officials in charge of the comprehensive scheme determine that prosecution would frustrate federal policies”). Indeed, the State Officers have taken the position that an individual driving an unlawfully present alien to the supermarket could be prosecuted under section 7 and under the similar provisions of the INA … … …. This contention illustrates the State Officers' misunderstanding of the nature of federal immigration law and the reach of state authority in the realm of immigration-related law enforcement. Id. at 1263–66. In other words, outside of the states' congressionally bestowed authority to make arrests for violations of federal immigration law, the states are "prohibited from enacting concurrent state legislation in this field of federal concern." United States v. Alabama, 691 F.3d 1269, 1285 (11th Cir. 2012). This framework allows the federal government to retain “control over enforcement” of the INA and protects the “integrated scheme of regulation created by Congress." Ga. Latino, 691 F.3d at 1266. In Alabama, the Eleventh Circuit examined an Alabama statute that "create[d] state crimes for (1) concealing, harboring, or shielding an unlawfully present alien from detection, or attempting to do so; (2) encouraging or inducing an unlawfully present alien to 'come to or reside in' Alabama; (3) transporting, attempting to transport, or conspiring to transport an unlawfully present alien, including an alien's conspiracy to be transported; and (4) harboring an unlawfully present alien by entering into a rental agreement with that alien.” 691 F.3d at 1285. As we've said, citing Georgia Latino, the Alabama Court held that "Alabama is prohibited from enacting concurrent state legislation in this field of federal concern.” Id. at 1287. 23

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 24 of 40 And several other circuits have come out the same way. See Valle del Sol Inc. v. Whiting, 732 F.3d 1006, 1025-26 & n.17 (9th Cir. 2013) (holding that an Arizona law that was "virtually indistinguishable” from “[t]he Georgia law in [Georgia Latino]” was field preempted because of the “comprehensive nature of § 1324, its place within the INA's larger structure governing the movement and harboring of aliens, and § 1324(c)'s explicit but limited provision for state involvement"); United States v. South Carolina, 720 F.3d 518, 530–31 (4th Cir. 2013) (“Sections 4(B) and (D) of the Act make it a state felony to ‘transport, move or attempt to transport' or 'conceal, harbor or shelter' a person 'with intent to further that person's unlawful entry into the United States' or to help that person avoid apprehension or detection . . . . We find the Eleventh Circuit's reasoning persuasive. Sections 4(B) and (D) of the Act are field preempted because the vast array of federal laws and regulations on this subject . is so ‘pervasive that Congress left no room for the States to supplement it.' . Furthermore, the sections are conflict preempted because there is a federal interest so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.” (cleaned up & quoting Arizona, 567 U.S. at 399)); Lozano v. City of Hazleton, 724 F.3d 297, 316 (3rd Cir. 2013) (“We agree with the Eleventh Circuit and other courts that have held that 'the federal government has clearly expressed more than a "peripheral concern" with the entry, movement, and residence of aliens within the United States and the breadth of these laws illustrates an overwhelmingly dominant federal interest in the field." (quoting Ga. Latino, 691 F.3d at 1264)). As the Defendants themselves recognize, the federal circuit courts have uniformly ruled that “prohibitions on the transportation, harboring, and inducement of unlawfully present aliens” fall into a “preempted field.” Response at 15 (quoting Ga. Latino, 691 F.3d at 1266). Still, the Defendants argue that Section 10 is neither field nor conflict preempted because it regulates a bit more than just the transportation of undocumented immigrants. That's because, in their view, the phrase "has not been inspected by the Federal Government since his or her unlawful entry 24

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 25 of 40 from another country" could refer to “alien[s] or citizen[s].” Ibid. In other words, according to the Defendants, "[Section] 787.07 does not regulate aliens, and it does not turn on a person's unlawful presence. Rather, whether alien or citizen, legally present or illegally present, individuals may not be transported into Florida unless the federal government has had the opportunity to ‘inspect them.” Id. at 15–16. The Plaintiffs, they add, “present no argument that Congress has exclusively occupied the field of 'transporting individuals who have not been inspected across state lines."" Id. at 16. We're not persuaded. For one thing, common sense dictates that the category of uninspected citizens as opposed to uninspected aliens-covers a relatively small (and statistically insignificant) subset of people. At our preliminary-injunction hearing, the Defendants agreed that this group would be composed of “U.S. citizens” coming back from, say, “the Bahamas with a bunch of people on [a] boat, or drugs.]" Dec. 13, 2023, Hr❜g Tr. at 97:16–19. This is undoubtedly a “miniscule category[.]" Reply at 6. For another, the Supreme Court has made clear that, “[w]here Congress occupies an entire field, . . . even complementary state regulation is impermissible.” Arizona, 567 U.S. at 401. This is because "[f]ield preemption reflects a congressional decision to foreclose any state regulation in the area, even if it is parallel to federal standards." Ibid. (emphasis added); see also KVUE, Inc. v. Moore, 709 F.2d 922, 931 (5th Cir. 1983) (“If preempted, a complementary or supplementary state regulation is as invalid as one directly conflicting with the federal scheme, for preemption forbids state regulation either to advance or to retard the federal purpose."). In this case, it'd be difficult to argue that Section 10 is not at least complementary to the federal immigration scheme: The parties agree that, under Eleventh Circuit precedent, states may not enact laws that regulate the “unlawful transport and movement of aliens," Ga. Latino, 691 F.3d at 1264, and Section 10-by its own terms-regulates the 8 See Response at 15 ("The first step in evaluating field preemption is to identify a field ... . Yet Plaintiffs do not clearly indicate the applicable field. Instead, they cite [Georgia Latino] ad nauseum . . . . In that case, however, the preempted field was 'prohibitions on the transportation, harboring, and inducement of unlawfully present aliens.""). 25

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 26 of 40 "knowing[] and willful[ ] transport[] into this state [of] an individual whom the person knows, or reasonably should know, has entered the United States in violation of law and has not been inspected by the Federal Government since his or her unlawful entry from another country,” Complaint ¶ 66 (quoting FLA. STAT. § 787.07(1)). It's thus preempted under Georgia Latino—even if the Defendants are right that, in addition to regulating uninspected aliens, the law also targets the small number of citizens who might fall within its ambit. As to the Defendants' claim that “[section] 787.07 does not regulate aliens,” Response at 15, the Plaintiffs are right that SB 1718, “[t]he bill that enacted Section 10[,] is titled 'An act relating to immigration.”” Reply at 7. The day he signed SB 1718, Governor DeSantis announced in a press release that "[t]he legislation I signed today gives Florida the most ambitious anti-illegal immigration laws in the country, fighting back against reckless federal government policies and ensuring the Florida taxpayers are not footing the bill for illegal immigration.” Press Release [ECF No. 30-13] at 9. Senator Blaise Ingoglia, who sponsored the bill, echoed that sentiment: “Our Southern Border has been dealing with a manmade crisis under the ineptness of President Biden, allowing more than 6.3 million illegal immigrants to flood our border . . . . Today, under the leadership of Governor Ron DeSantis, Florida made history signing into law the strongest state-led anti-illegal immigration bill ever brought forth." Ibid. And the Defendants themselves concede that “the statute may have some effect on the transportation of unauthorized aliens [.]" Response at 16. It therefore stretches credulity for the Defendants to suggest that Section 10 “does not directly regulate the transportation of illegal aliens" and "merely overlaps with federal law in some of its applications [.]" Id. at 17 (emphasis added). In any event, we've found no precedent for the Defendants' view that a party can circumvent field or conflict preemption by marginally expanding a regulation to cover a small, additional category of situations (or people). The Defendants, recall, say that, “[w]hile the statute may have some effect on the transportation of unauthorized aliens," it could also affect “citizen[s]" who have not been 26

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 27 of 40 "inspected" by the federal government. See id. at 15–16. But our courts have routinely rejected similar arguments. The state law in Fuentes-Espinoza v. People, for example, provided that a person commits a class 3 felony “if, for the purpose of assisting another person to enter, remain in, or travel through the United States or the state of Colorado in violation of immigration laws, he or she provides or agrees to provide transportation to that person in exchange for money or any other thing of value.” 408 P.3d 445, 447 (Colo. 2017). Like our law, this Colorado statute regulated a broader set of people than just undocumented immigrants—viz., anyone who violated the immigration laws. Still, the Supreme Court of Colorado held, citing Georgia Latino, that the law was preempted by the INA “under the doctrine of field preemption.” Id. at 452. The court reasoned that Congress has “evince[d] [an] intent to maintain a uniform, federally regulated framework for criminalizing and regulating the transportation, concealment, and inducement of unlawfully present aliens, and this framework is so pervasive that it has left no room for the states to supplement it.” Id. at 452. Similarly, in Valle del Sol, the Arizona law at issue “swe[pt] more broadly than its federal counterpart by adding a new category of prohibited activities.” 732 F.3d at 1028. Specifically, the Arizona law "criminalize[d] encouraging or inducing an alien to come to or reside in Arizona,” while the federal harboring statute, 8 U.S.C. § 1324, “criminalizes encouraging or inducing an alien to come to or reside in the United States but ( ) does not penalize encouraging or inducing aliens, already in the United States, to travel from state to state or into any particular state.” Ibid. Nonetheless, the Ninth Circuit held that the state law was preempted because, “although it shares some similar goals with 8 U.S.C. § 1324, it ‘interfere[s] with the careful balance struck by Congress with respect to' the harboring of unauthorized aliens.” Id. at 1026 (quoting Arizona, 567 U.S. at 406); see also id. at 1027 (“[The Arizona law] conflicts with the federal scheme by divesting federal authorities of the exclusive power to prosecute these crimes.. As the Eleventh Circuit explained: [I]nterpretation of [state harboring] crimes by state courts and enforcement by state prosecutors unconstrained by federal law threaten the 27

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 28 of 40 uniform application of the INA."" (quoting Ga. Latino, 691 F.3d at 1266)). We agree. As these cases demonstrate, broadening a state law to complement (or to extend just beyond) the federal immigration-transport scheme doesn't shield that state law from field preemption. Like the laws in Georgia Latino, Alabama, Valle del Sol, South Carolina, Lozano, and Fuentes- Espinoza, Section 10 is both field and conflict preempted. Congress has established an "overwhelmingly dominant federal interest in the field” of unlawfully transporting aliens. Ga. Latino, 691 F.3d at 1264. And our Circuit has said unambiguously that only the federal government—through the INA- -can regulate the unlawful transportation of aliens within that field. See ibid. ("Like the federal registration scheme addressed in Arizona, Congress has provided a ‘full set of standards' to govern the unlawful transport and movement of aliens The INA comprehensively addresses criminal penalties for these actions undertaken within the borders of the United States, and a state's attempt to intrude into this area is prohibited because Congress has adopted a calibrated framework within the INA to address this issue." (quoting Arizona, 567 U.S. at 401)). Under Section 10, however, “an individual driving an unlawfully present alien to the supermarket could be prosecuted" by the Office of Statewide Prosecution and the state attorney-a scenario that, in the words of the Georgia Latino Court, "illustrate[d] the State Officers' misunderstanding of the nature of federal immigration law and the reach of state authority in the realm of immigration-related law enforcement.” Id. at 1265–66. And the Defendants' chief objection—that Section 10 might also apply to a tiny swathe of U.S. citizens who haven't been "inspected" after an illegal border crossing—cannot override the Eleventh Circuit's clearly stated view that "criminal acts of harboring and transporting unlawfully present aliens constitute an impermissible 'complement' to the INA that is inconsistent with Congress's objective of creating a comprehensive scheme governing the movement of aliens within the United States.” Id. at 1266; see also Hines v. Davidowitz, 312 U.S. 52, 66–67 (1941) (“[W]here the federal government, in the exercise of its superior authority in [a] field, has enacted a complete scheme of regulation, . . . states 28

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 29 of 40 cannot, inconsistently with the purpose of Congress, conflict or interfere with, curtail or complement, the federal law, or enforce additional or auxiliary regulations."). By making it a felony to transport into Florida someone who “has not been inspected by the Federal Government since his or her unlawful entry,” Section 10 extends beyond the state's authority to make arrests for violations of federal immigration law and, in so doing, intrudes into territory that's preempted. See Ga. Latino, 691 F.3d at 1264 (“In the absence of a savings clause permitting state regulation in the field, the inference from these enactments is that the role of the states is limited to arrest for violations of federal law [governing the transport or movement of an unlawfully present alien within the United States].”); Lozano, 724 F.3d at 316-17 (rejecting the argument that, “by authorizing state and local officials to arrest individuals guilty of harboring, see 8 U.S.C. § 1324(c), Congress specifically invited state and local governments into this field"). For all these reasons, we hold that the Plaintiffs are likely to succeed on the merits of their conflict- and field-preemption claims.' III. Irreparable Injury For the second prong of the preliminary-injunction test, the party seeking the injunction must show that "irreparable injury will be suffered unless the injunction issues [.]" Schiavo, 403 F.3d at 1231. The individual Plaintiffs contend that, if we don't enjoin Section 10, they will “suffer irreparable harm by being placed at immediate risk of arrest, detention, and prosecution[.]” Memorandum at 20. They add that some "[i]ndividual Plaintiffs and FWAF members transport into Florida family members, co- workers, and others who entered [the United States] unlawfully and who likely have not been 9 Because we've found that the Plaintiffs are likely to succeed on the merits of their conflict- and field- preemption claims, we needn't reach the Plaintiffs' other preemption arguments―viz., that Section 10 is preempted because it conflicts with the “federal removal scheme,” Memorandum at 12, because it "impermissibly creates a novel immigration classification," id. at 13, or because it "disrupts the adjudication of immigration applications and removal proceedings,” id. at 16. 29

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 30 of 40 ‘inspected' for purposes of Section 10, in possible violation of the law.... Under the broad language of Section 10, Plaintiffs and FWAF members face arrest, prosecution, mandatory detention, and family The threat of pre-trial detention and subsequent felony prosecution is severe harm separation that cannot be undone." Ibid. Having reviewed the declarations of the three individual Plaintiffs who have established their standing to sue, we think that these three Plaintiffs have also shown that, absent an injunction, they would suffer irreparable injury. Ms. Mendoza, for instance, attests that she is willing to continue engaging in illegal conduct—thus risking actual or imminent criminal prosecution: Transporting individuals with various immigration statuses, including individuals who have never had any contact with immigration authorities, is a key part of my job[.] Currently, I spend about 30% of my time assisting people with transportation. In the past ten years, I have driven individuals into Florida dozens of times. These transportation services include taking people in my personal vehicle from Georgia to Florida for various reasons, including to see medical specialists in Jacksonville, Florida. I also personally transport [undocumented immigrants] to appointments with [USCIS] for fingerprinting and other services. Some immigrants in my nonprofit's area are directed to attend USCIS appointments in Jacksonville, even though they reside in Georgia . . . . One of the women in my community was released from the hospital a week or so ago after being admitted for renal failure. Her stomach had been getting bloated and she had no idea how close to death she was. She is a middle-aged undocumented woman from the state of Yucatan, Mexico . . . . I am 100% willing to transport her to Florida or anywhere else she needs to go to get the care she needs. SB 1718, however, has made me extremely anxious that my efforts to help this woman may result in significant jail time and prosecution for me. Mendoza Decl. ¶¶ 5–6, 11, 14. Ms. Mendoza is likely to suffer irreparable injury because “[t]he threat of criminal prosecution . constitutes irreparable harm” for purposes of a preliminary injunction. ABC Charters, Inc. v. Bronson, 591 F. Supp. 2d 1272, 1309 (S.D. Fla. 2008) (Gold, J.); see also Ga. Latino, 691 F.3d at 1269 (affirming the "district court's conclusion that [p]laintiffs have met their burden to enjoin enforcement of section 7" because the "[p]laintiffs are under the threat of state prosecution for crimes that conflict with 30

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 31 of 40 federal law, and . . . enforcement of a state law at odds with the federal immigration scheme is neither benign nor equitable”); Valle del Sol, 732 F.3d at 1029 (holding that the individual plaintiff had “established a likelihood of irreparable harm” by “demonstrat[ing] a credible threat of prosecution under the statute”). So too here. Ms. Mendoza has established, through a sworn filing, that she faces a kind of Hobson's choice-between engaging in conduct she views as unconstitutionally proscribed (and facing a credible threat of prosecution under Section 10) and refraining from conduct she believes to be lawful. That's sufficient to establish irreparable harm under our precedents. As for Mmes. Aragon and Medrano Rios, their declarations suggest that they're now too afraid to travel in and out of Florida with their undocumented friends or family members—for fear of being arrested or prosecuted or of having their family members deported. These Plaintiffs allege that Section 10 has effectively prevented them from seeing their family members who live outside of Florida, leading to prolonged periods of separation. Ms. Aragon, for instance, says that: I fled to the United States from Nicaragua during the civil war in the 1980s, and I became a U.S. citizen more than twenty years ago. My daughter came to the United States many years later with my grandson, when he was less than a year old. To the best of my knowledge, my daughter and grandson crossed the border into the United States without ever being stopped or processed by immigration agents... ... I have a niece and other family members who live in Georgia and a very close family friend who lives in Washington, D.C.—she is like another daughter to me. I usually go to visit her and her family about every year. My grandson and I traveled to Georgia for a visit with family last October, and we were planning to go again this year . . . . Because we are afraid of everything [that] could happen as a result of the new law, my grandson and I had to give up our trip to Georgia this year. I do not know when we will be able to go back to visit our family. Now that the transport law is in place, I am afraid to travel with my grandson. If I am traveling with him, I could be stopped and arrested for breaking the new transport law if the police believe I am transporting him. That idea fills me with panic. It also makes me feel sad to be separated from my family and friends who live in other states. I am getting older, and time with my loved ones is important. I also do not want to travel by myself, because I don't want to leave my grandson alone now. I want my grandson to have a relationship with his other family members, and I feel terrible that his world is limited because of the transport law. Aragon Decl. ¶¶ 4, 7. And Ms. Medrano Rios similarly avers that: 31

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 32 of 40 I had planned to travel with my family to Texas, so that my children could visit their cousins and so that I could spend time with my brother and sister. Now, though, we can't take this trip. It is just too big a risk for my children and me. [My daughter] does not have an immigration case, and does not have any immigration status, even though she has applied for DACA. So, I am scared that she is not allowed to be brought back into Florida if we leave. And I don't know whether I can be driven back into Florida either, since I don't have any official status. I feel trapped not being able to take this trip, and I hated having to tell my family that it won't happen. It made me feel awful because finally after 6 years of being apart, my family was so close to finally being together again. Medrano Rios Decl. ¶¶ 8, 10–11. Mmes. Aragon and Medrano Rios have thus likewise demonstrated irreparable harm in the form of "indefinite family separation,” which many courts around the country have “recognized . . . as a form of irreparable injury.” Make the Road N.Y. v. Pompeo, 475 F. Supp. 3d 232, 268 (S.D.N.Y. 2020); see also Milligan v. Pompeo, 502 F. Supp. 3d 302, 321 (D.D.C. 2020) (“[S]eparation from family members is an important irreparable harm factor.” (cleaned up)); Leiva-Perez v. Holder, 640 F.3d 962, 969-70 (9th Cir. 2011) (same); Palacios-Hernandez v. Meade, 2020 WL 13550207, at *4 (S.D. Fla. Apr. 8, 2020) (Smith, J.) (finding that the irreparable-injury factor weighed in favor of the plaintiffs "because of the prolonged separation of [the individual plaintiff] from his family”). Of course, if these Plaintiffs were to ignore Section 10 and visit their family members, they would then risk arrest and prosecution under the statute. The Farmworker Association will also suffer irreparable harm if Section 10 is not enjoined. Courts frequently find that organizational plaintiffs will suffer irreparable harm where these plaintiffs show “ongoing harms to their organizational missions as a result of [a] statute.” Valle del Sol, 732 F.3d at 1029; see also Ga. Coal. for People's Agenda, Inc. v. Kemp, 347 F. Supp. 3d 1251, 1268 (N.D. Ga. 2018) (holding that the organizational plaintiffs “will also suffer irreparable injury distinct from the injuries of eligible voters" because their “organizational missions, including registration and mobilization efforts, will continue to be frustrated and organization resources will be diverted to assist with the 32

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 33 of 40 citizenship mismatch issue”); League of Women Voters of Fla. v. Cobb, 447 F. Supp. 2d 1314, 1339 (S.D. Fla. 2006) (Seitz, J.) (finding irreparable harm in part because the challenged statute forced the organizational plaintiffs to “halt[] or significantly scale[] back their voter registration operations”). Here, the Plaintiffs argue that Section 10 has “diverted . . . scarce resources" away from the Farmworker Association's “regular, core activities,” Memorandum at 22, and that it has impeded the Association's mission of providing transportation to migrant workers who “travel with the seasons to harvest crops, . . . back and forth between Florida, Georgia, and Alabama, crossing back into Florida multiple times per year,” Complaint ¶ 17. In a Declaration, the General Coordinator of the Farmworker Association tells us that "FWAF has been inundated with questions and requests for assistance relating to travel between Florida, Georgia, and Alabama," forcing staff to "devote[] additional time outside of their regular activities and objectives to training existing volunteers and new volunteers on Section 10 and its impact on our members and the broader immigrant community.” Xiuhtecutli Decl. ¶¶ 32–33. “Staff have been forced to spend time on calls rather than their normal work, which has resulted in delayed Medicaid applications, food stamps applications, and applications for U.S. Department of Agriculture Farm and Food Worker Relief.” Id. ¶ 35. Mr. Xiuhtecutli concludes, based on his experience, that the “impact of Section 10, including arrests and detentions, will continue to divert FWAF's resources from its core mission of strengthening farmworker communities through its different programs and normal organizing work.” Id. ¶ 38. Trying to parry, the Defendants say that the "Association has not explained how § 787.07 forc[es] the organization to divert resources to counteract' illegal acts." Response at 7 (quoting Browning, 522 F.3d at 1165). The Defendants also argue that the Association hasn't “show[n] ‘what harm [it] is seeking to counteract and how its diversion of resources is aimed at preventing that harm.” Id. at 8 (quoting Cousins v. Sch. Bd. of Orange Cnty., 2023 WL 5836463, at *6 (M.D. Fla. Aug. 16, 2023) (Berger, J.)). But the Association has described that harm. For example, Mr. Xiuhtecutli declared that: 33

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 34 of 40 Approximately 600 families that include dues-paying FWAF members left Florida at the end of the harvest season in May 2023. Most of these members are from the Immokalee and Fellsmere areas, who travel back and forth between Florida and northern states based on the growing season. Typically, these members would return in September 2023 for the squash, zucchini, chili pepper, tomatoes, lettuce, and other vegetable planting season. However, based on .. our organizers' conversations with members, I anticipate that approximately 100 member families will not return if SB 1718 remains in effect, because they do not want to risk a felony charge. These same member families are unlikely to return for the vegetable harvesting seasons in the Florida winter and spring. FWAF will lose many of these members, the dues from those members, and the critical in-kind donations from those members that help run FWAF's programs. Xiuhtecutli Decl. ¶ 39. He also explains that the Association specifically diverted resources to prevent these harms, noting that staff has devoted additional time-outside of their regular activities—to provide "information and communications to [the Association's] members," who have “inundated [the Association] with questions and requests for assistance relating to travel between Florida, Georgia, and Alabama." Id. ¶¶ 32, 34; see also id. ¶ 34 ("Since SB 1718 passed, and even before Section 10 went into effect, FWAF began providing Know Your Rights presentations to specifically prepare for and educate our members on the impacts of SB 1718, including Section 10. FWAF has conducted twelve Know Your Rights presentations thus far.”). Finally, on the Defendants' claim that the Association hasn't been forced to divert its resources, see Response at 7, we think this argument parses the matter a bit too finely. As the Eleventh Circuit held in Georgia Latino, “an organizational plaintiff suffer[s] cognizable injury when it [is] forced to divert resources from its regular activities to educate and assist affected individuals in complying with the challenged statute.” 691 F.3d at 1260 (cleaned up). That's precisely what Mr. Xiuhtecutli alleges in his Declaration. See, e.g., Xiuhtecutli Decl. ¶ 35 (“Staff have been forced to spend time on calls rather than their normal work, which has resulted in delayed Medicaid applications, food stamps applications, and applications for U.S. Department of Agriculture Farm and Food Worker Relief." (emphasis added)); id. ¶ 11.b. (“Until 2021, FWAF had three community gardens: one in Florida City (near our Homestead office), one in Pierson, and one in Apopka. In 2021, Florida City sold the land for our garden, forcing us to move many of the plantings to our smaller 34

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 35 of 40 office gardens. This year, because we were forced to respond to the crisis brought on by SB 1718, and in particular concerns from our members about Section 10, we have struggled to maintain our garden in Pierson." (emphasis added)). The Defendants also note that SB 1718 contains provisions outside of Section 10, and they contend that "many of the Association's allegations tie its diversion to the entirety of SB 1718, not merely" Section 10. Response at 8. They take issue, for example, with Mr. Xiuhtecutli's attestation that the Association has begun providing “Know Your Rights presentations... on the impacts of SB 1718, including [Section 10].” Ibid. (quoting Xiuhtecutli Decl. ¶ 34). They also point to Mr. Xiuhtecutli's claims that the Association has “held member meetings regarding SB 1718, including Section 10,” and that “staff received more calls each day since SB 1718 passed than we received prior to its passage." Ibid. (quoting Xiuhtecutli Decl. ¶ 35). We're not so troubled by these passages. There's no question that Mr. Xiuhtecutli's Declaration is focused specifically on the impact of Section 10. See, e.g., Xiuhtecutli Decl. ¶ 30 ("Not only are individual FWAF members harmed by Section 10, but FWAF as an organization has and will continue to suffer harm because of Section 10.”); id. ¶ 36 ("The increase in FWAF staff's time and focus on Section 10 is driven by the needs of FWAF's membership."); id. ¶ 37 ("FWAF lacks the funds to increase its staffing to educate the community on Section 10 and its consequences. FWAF must now divert even more resources to fundraising in an attempt to address this deficit.”). The vast majority of the references by Xiuhtecutli (a non-lawyer) to SB 1718 as a whole either use the term as a metonym for Section 10, see id. ¶ 39 (“I anticipate that approximately 100 member families will not return if SB 1718 remains in effect, because they do not want to risk a felony charge.”), or expressly cabin the language to “Section 10 in particular,” id. ¶ 11(c). We therefore find that the Farmworker Association will suffer irreparable harm as an organization if Section 10 of SB 1718 is not enjoined. 55 35

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 36 of 40 Outside of their standing arguments, the Defendants advance just one argument for their position that the Plaintiffs aren't suffering irreparable injury: The Plaintiffs (the Defendants say) moved too slowly to “properly serve the pending motion on the State Defendants”—and this delay (the Defendants contend) suggests that “they are not seriously concerned about irreparable harm.” Response at 18-19. We disagree. Governor DeSantis signed SB 1718 into law on May 10, 2023; it went into effect in early July; and the Plaintiffs filed this lawsuit on July 17, 2023. See generally Complaint. All the Defendants were served by August 22, 2023. See generally Docket. While it's true that a plaintiff concerned about irreparable harm “would and should act swiftly to protect itself,” Car Body Lab Inc. v. Lithia Motors, Inc., 2021 WL 2652774, at *10 (S.D. Fla. June 21, 2021) (Goodman, Mag. J.), report and recommendation adopted, 2021 WL 3404040 (S.D. Fla. Aug. 4, 2021) (Moreno, J.), we don't think a week or two between a statute's enactment and the filing of the lawsuit challenging it constitutes unreasonable delay. And, given that the Plaintiffs filed their Motion for Preliminary Injunction on August 24, 2023—just two days after the last Defendant was served—we don't think they took too long to serve their motion either. IV. Equitable Factors The final two factors of the preliminary-injunction test are whether the “threatened injury outweighs the harm the relief would inflict on the non-movant" and whether the “entry of th[at] relief would serve the public interest.” Schiavo, 403 F.3d at 1225–26. These two factors “merge when, as here, the government is the opposing party.” Gonzalez v. Governor of Ga., 978 F.3d 1266, 1271 (11th Cir. 2020) (cleaned up). The Defendants imply that an injunction against Section 10 will harm Florida's “interest in ensuring individuals in its territory are inspected[.]" Response at 19. Such an injunction (the Defendants fear) would prevent the state from identifying “drug traffickers [who] are successfully smuggling mass quantities of deadly illicit fentanyl past federal agents, wreaking havoc on Florida's citizens." Ibid. (cleaned up). We're unmoved. 36

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 37 of 40 For one thing, the Defendants never actually argue that their interest in rooting out drug traffickers outweighs the threatened injury to the Plaintiffs. They simply say that "Florida's interest in ensuring individuals in its territory are inspected is certainly legitimate.” Ibid. But even a “legitimate” governmental interest can be outweighed by the harm the challenged statute imposes on the Plaintiffs and the public. See, e.g., Ron Grp., LLC v. Azar, 2021 WL 5576616, at *7 (M.D. Ala. Nov. 29, 2021) (holding that the "balance of harms weigh[ed] in favor of granting the preliminary injunction,” even though “the state and the public certainly have an interest” in recouping a portion of the plaintiff's Medicaid claims); Deferio v. City of Syracuse, 193 F. Supp. 3d 119, 131 (N.D.N.Y. 2016) (finding that the “hardship faced by [p]laintiff”—“the loss of his right to demonstrate in a traditional public forum”- outweighed the city's interest in “maintaining peace and order in the community, preventing violence, and avoiding congestion," which are "[u]ndoubtedly . . . legitimate governmental interests" (cleaned up)). For another, we've already determined that the Plaintiffs are likely to succeed on the merits of their preemption claim, and a state “has ‘no legitimate interest' in enforcing an unconstitutional law.” Honeyfund.com Inc. v. Governor, 94 F.4th 1272, 1283 (11th Cir. 2024) (quoting KH Outdoor, LLC v. City of Trussville, 458 F.3d 1261, 1271–72 (11th Cir. 2006)); see also Odebrecht Constr., Inc. v. Sec'y, Fla. Dep't of Transp., 715 F.3d 1268, 1290 (11th Cir. 2013) (“[T]he State's alleged harm is all the more ephemeral because the public has no interest in the enforcement of what is very likely an unconstitutional statute."); Ga. Latino, 691 F.3d at 1269 (“[E]nforcement of a state law at odds with the federal immigration scheme is neither benign nor equitable.”); Alabama, 691 F.3d at 1301 (“[W]e discern no harm from the state's nonenforcement of invalid legislation.”). In other words, if a state law is preempted, then the state can suffer no harm from a court order that enjoins that law. Indeed, “[t]he United States suffers injury when its valid laws in a domain of federal authority are undermined by impermissible state regulations.” Ibid. In this case, any harm the state may suffer from an injunction is 37

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 38 of 40 outweighed by the harm Section 10 poses both to the Plaintiffs and to the United States, which has the ultimate interest in protecting federal supremacy in the realm of immigration. The Defendants proffer one final argument on the equities: that the “Plaintiffs come to this Court with unclean hands.” Response at 19. The Supreme Court has long adhered to the age-old maxim that “he who comes into equity must come with clean hands." Precision Instrument Mfg. Co. v. Auto. Maint. Mach. Co., 324 U.S. 806, 814 (1945). The Defendants' theory is that the Plaintiffs have unclean hands because their goal in requesting this preliminary injunction is to facilitate “illegal conduct such as driving without a license, working without authorization, and avoiding detection for criminal illegal entry." Response at 19. But this argument—alluring at first glance—fails on closer inspection because the Defendants haven't met the elements of the unclean-hands defense. “To assert an unclean hands defense,” after all, “a defendant must show that (1) the plaintiff's wrongdoing is directly related to the claim, and (2) the defendant was personally injured by the wrongdoing.” Bailey v. TitleMax of Ga., Inc., 776 F.3d 797, 801 (11th Cir. 2015). The party seeking equitable relief must also have committed an “unconscionable act.” Keystone Driller Co. v. Gen. Excavator Co., 290 U.S. 240, 245 (1933). The Defendants never argue that all the Plaintiffs—some of whom are U.S. citizens—are engaged in wrongdoing. Ms. Mendoza, for instance, is a “U.S. citizen” who “ha[s] been a resident of Georgia for nearly forty years." Mendoza Decl. ¶ 2. The Defendants never suggest that Ms. Mendoza is driving without a license, working without authorization, or avoiding detection for criminal illegal entry. See generally Response. Nor do the Defendants allege that they were “personally injured” by any of the Plaintiffs' wrongdoing—or that the Plaintiffs' wrongful conduct (e.g., driving without a license or working without authorization) comes anywhere near constituting an “unconscionable act.” Where the party invoking the unclean-hands doctrine fails to establish a “close nexus” between "the 'unconscionable act' and the pending issue,” the court “cannot apply unclean hands against [the] 38

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 39 of 40 [p]laintiffs." Stewart v. Hooters of Am., Inc., 2007 WL 1752843, at *2 (M.D. Fla. June 18, 2007) (Kovachevich, J.). * In a Notice of Supplemental Authority [ECF No. 97], the Plaintiffs "inform the Court of a decision. . . by the Fifth Circuit, holding that a Texas immigration law is likely preempted.” Id. at 1. In United States v. Texas, the Fifth Circuit held that SB 4—a Texas statute prohibiting noncitizens from illegally entering or reentering the state—was “likely field preempted,” affirming the district court's conclusion that “the federal government has both a dominant interest and a pervasive regulatory framework to control immigration into the United States, precluding state regulation in the area.” 97 F.4th 268, 278, 288 (5th Cir. 2024). That holding, of course, is consistent with our Circuit's decision in Georgia Latino—and, by extension, with our decision today. In dissent, however, Judge Oldham cautioned that "[t]he Supreme Court has never extended field preemption to any part of the immigration laws beyond alien registration." Id. at 298 (Oldham, J., dissenting). Judge Oldham may well be right: The Supreme Court, after all, seems never to have squarely held that the INA's framework for regulating the transportation, concealment, or harboring of aliens preempts the entire field. And we're sympathetic to Judge Oldham's admonition against “extend[ing] field preemption beyond the INA's alien-registration provisions." Ibid. Without express guidance from the Supreme Court, however, we remain bound by the pronouncements of our Circuit, which has held that the “unlawful transport and movement of aliens" is a fully preempted field. Ga. Latino, 691 F.3d at 1264; see also United States v. Files, 63 F.4th 920, 923 (11th Cir. 2023) (“Under our [Circuit's] prior-panel-precedent rule, an earlier panel's holding is controlling 'unless and until it is overruled or undermined to the point of abrogation by the Supreme Court or by this court sitting en banc.” (quoting United States v. Archer, 531 F.3d 1347, 1352 (11th Cir. 2008))); NLRB v. Datapoint Corp., 642 F.2d 123, 129 (5th Cir. Unit A Apr. 1981) (“Without a clearly 39

Case 1:23-cv-22655-RKA Document 99 Entered on FLSD Docket 05/22/2024 Page 40 of 40 contrary opinion of the Supreme Court or of this court sitting en banc, we cannot overrule a decision of a prior panel of this court[.]" (emphasis added)). In our Circuit's view, “[g]iven the federal primacy in the field of enforcing prohibitions on the transportation, harboring, and inducement of unlawfully present aliens, the prospect of fifty individual attempts to regulate immigration-related matters cautions against permitting states to intrude into this area of dominant federal concern." Ga. Latino, 691 F.3d at 1266. Bound by Eleventh Circuit precedent, we hold that the Plaintiffs are likely to prevail on their claim that Section 10 of SB 1718 is preempted by federal law-and that they have satisfied each of the other elements of their preliminary-injunction request. CONCLUSION We therefore ORDER and ADJUDGE as follows: 1. The Motion for Preliminary Injunction [ECF No. 30] is GRANTED. 2. FLA. STAT. § 787.07 is PRELIMINARILY ENJOINED. 3. The Defendants must take no steps to enforce FLA. STAT. § 787.07 until otherwise ordered. This preliminary injunction binds the Defendants and their officers, agents, servants, employees, and attorneys—and others in active concert or participation with them—who receive actual notice of this injunction by personal service or otherwise. DONE AND ORDERED in the Southern District of Florida on May 22, 2024. CC: counsel of record 40 ROY K. ALTMAN UNITED STATES DISTRICT JUDGE