U.S. District Judge John Bates had previously upheld the parading charge against Nassif, citing established precedents that permit reasonable restrictions on First Amendment activities within the Capitol. The government argues that such restrictions are necessary to prevent disruptions to congressional proceedings and to safeguard the security of the legislative process.
The Supreme Court’s decision to refuse to hear the case leaves the lower court’s ruling intact, upholding the government’s ability to prosecute individuals under the parading statute. This ruling has significant implications for the more than 460 defendants charged with the same misdemeanor related to the January 6 riot, making it the most common charge among the over 1,450 people prosecuted to date, according to the Department of Justice.