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

Nassif’s public defenders argued that he entered the Capitol nearly an hour after it was breached and remained for less than 10 minutes, engaging in what they described as “core First Amendment expression” that was “in no way disruptive.”

Lower courts, including the U.S. Court of Appeals for the D.C. Circuit, rejected Nassif’s arguments. A three-judge panel ruled that the Capitol buildings are not a public forum open for protests, allowing the government to impose reasonable and viewpoint-neutral restrictions to maintain order and security.

“Nassif has not established that the Capitol buildings are, by policy or practice, generally open for use by members of the public to voice whatever concerns they may have — much less to use for protests, pickets, or demonstrations,” the panel stated.

Nassif’s petition highlighted a conflict between the D.C. Circuit and the D.C. Court of Appeals regarding the Capitol’s status as a public forum. While the D.C. Circuit has classified the Capitol buildings as nonpublic forums, allowing for broader restrictions, the D.C. Court of Appeals has recognized certain areas, such as the Capitol Rotunda, as public forums where speech restrictions must be narrowly tailored. Continue reading…