Supreme Court Rejects Appeal of Jan. 6 ‘Parading’ Conviction

The U.S. Supreme Court has declined to hear an appeal from John Nassif, a Florida man convicted for his role in the January 6, 2021, attack on the U.S. Capitol. By refusing the case, the Court left intact lower-court rulings that upheld his conviction under a statute banning “parading, picketing, and demonstrating” inside the Capitol.

Nassif challenged the law on constitutional grounds, arguing that it violates the First Amendment’s protections of free speech and assembly. The charge has been one of the most frequently used against January 6 defendants. Nassif, 57, was ultimately sentenced to seven months in prison after being convicted of multiple misdemeanors, including disorderly conduct and violent entry—less than the 10 to 16 months prosecutors had initially sought.

His public defenders argued that Nassif entered the Capitol nearly an hour after it was breached, stayed for less than ten minutes, and engaged in what they described as non-disruptive political expression. They contended that his conduct fell within core First Amendment activity.

Lower courts rejected that argument. The U.S. Court of Appeals for the D.C. Circuit ruled that Capitol buildings are not public forums for protest, allowing the government to impose reasonable, viewpoint-neutral restrictions to preserve order and security. In its decision, the panel stated that the Capitol is not generally open for demonstrations or expressive activity, either by policy or by practice. Continue reading…