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

The Supreme Court on Tuesday declined to hear an appeal from John Nassif, a Florida man convicted for his involvement in the January 6, 2021, attack on the Capitol.

Nassif challenged the constitutionality of a law that bans “parading, picketing, and demonstrating” inside the Capitol, arguing it violates the First Amendment’s protections of free speech and assembly. The charge is one of the most frequently applied to defendants from the January 6 attack.

President-elect Donald Trump is considering pardons for many involved in the Capitol riot.

The defendant, 57, was sentenced to seven months in prison after being convicted of multiple misdemeanors, including disorderly conduct and violent entry. Prosecutors had initially recommended a sentence of 10 to 16 months, the Washington Examiner reported.

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.

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 hearing 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 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.

.

 

VA

Related Posts

My dying son asked the scary biker in the hospital waiting room to hold him instead of me. I’m his mother

It began as an ordinary day in the children’s hospital — the kind of day that already carried too much pain, too many goodbyes. My son Liam…

I watched my mother-in-law hand my house keys to my husband’s pregnant mistress and smile, saying, ‘She deserves it more than you.’ I didn’t scream. I didn’t cry. I just held my children tighter and nodded. What none of them knew was that I owned the company paying for their entire lifestyle

My name is Claire Mitchell, and eight years ago I made the mistake of marrying Evan Brooks. I was twenty-two, newly graduated, and desperate to be loved…

A basket of bright red strawberries, an expected treat – but it held a terrifying discovery

Like every Sunday, I followed my usual shopping ritual, moving calmly through the grocery store aisles. I chose fresh vegetables, compared prices, checked expiration dates, and felt…

The millionaire fired the nanny for no reason… until his daughter said something that sh0cked him

Emily Carter’s suitcase hit the floor with a dull thump, as if it had finally given up along with her. The sound echoed through the long stone…

SOTD – Power on Trial at Last!

The architecture of American justice, long treated as a fixed pillar of democratic life, is being tested in ways not seen in modern memory. The familiar assurance…

The teacher who never married adopted his abandoned student with an amputated leg. Twenty years later, the boy touched the hearts of millions…

Professor Arthur Miles taught literature at Alder Street Public High, a worn brick school on the southern edge of Chicago where winter winds cut through thin coats…

Leave a Reply

Your email address will not be published. Required fields are marked *