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Appeals court strikes down Capitol steps protest ban

D.C. Circuit rules 2-1 that Capitol Police restrictions on Capitol steps demonstrations violate the First Amendment.

newest coverage 1d agosummary written 1d ago5 pieces1 likes & upvotes MastodonNewswiresGoogle News

What to know

  • A 2-1 D.C. Circuit panel found USCP restrictions on Capitol steps demonstrations unconstitutional, ruling the congressional-sponsorship carve-out arbitrary.
  • The court did not order the steps opened to protesters; it remanded the case to district court, where litigation has been ongoing for years.
  • The ruling is a win for minister Patrick Mahoney, arrested in 2021 for protesting on the steps.
  • Judge Rogers dissented, arguing for a broader ruling based on the steps' long history as a protest venue rather than treating them primarily as an entrance/exit.

Patrick Mahoney Plaintiff, ministerNeomi RaoNeomi Rao D.C. Circuit judgeJudith W. Rogers D.C. Circuit judgeU.S. Capitol Police Board Defendant

Appeals court strikes down Capitol steps protest ban
rollcall.com

How it unfolded 2 developments, newest first · click a bar or a number to jump articlesposts

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Sep 22yesterdaynow · 6:10 AM ET
  1. 2

    Judge Rogers dissents, calls for broader ruling

    Judge Judith W. Rogers dissented, arguing the majority focused too narrowly on the steps' use as an entrance and exit for lawmakers rather than their long history as a protest site.

    “These steps unfold above the bases in broad cascading marble terraces that readily serve as speaking platforms and places for congregating, rather than steps solely dedicated to entering and exiting a building…”
    — Judge Judith W. Rogers
  2. background

    Court remands case without ordering steps opened — The panel did not order Capitol Police to open the steps to demonstrators but sent the case back to the U.S. District Court for the District of Columbia, where the litigation has continued for years.

  3. 1

    D.C. Circuit strikes down Capitol steps protest rules

    A 2-1 panel of the U.S. Court of Appeals for the D.C. Circuit ruled that USCP Board restrictions on demonstrations on the Capitol's eastern steps, adopted after 9/11, violate the First Amendment because congressional sponsorship requirements give lawmakers arbitrary control over who may speak there.

    “A regulation that grants the government arbitrary control over who may speak invites the suppression of disfavored viewpoints and undermines the First Amendment's core protections…”
    — Judge Neomi Rao
    1. 2 outlets Appeals Court Rejects Post-9/11 Restrictions on Capitol Steps Protests

      first by The Washington Sun, 1d ago · also Roll Call

      1 more headline
  4. background

    Mahoney arrested for protesting on Capitol steps — Minister Patrick Mahoney was arrested in 2021 for holding a protest on the Capitol's eastern steps, prompting him to sue over rules that ban most demonstrations there except those sponsored by members of Congress.