D.C. Circuit Rejects Capitol Steps Speech Limits

A federal appeals court ruled that restrictions limiting demonstrations on the U.S. Capitol’s eastern steps to events sponsored by members of Congress violate the First Amendment. The court held that the steps are a nonpublic forum where the government may impose reasonable, viewpoint-neutral limits, but said allowing lawmakers to act as gatekeepers for public demonstrations was arbitrary and unconstitutional. The decision arose from a 2021 protest by minister Patrick Mahoney and affirmed his First Amendment claim, while sending the case back to a lower court to determine the appropriate remedy rather than ordering the steps fully opened to demonstrators. Judge Judith W. Rogers supported rejecting the rules but argued for a broader ruling against the Capitol Police Board’s restrictions.