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D.C. Appeals Court Strikes Capitol Police Protest Rules

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Story summary
  • The D.C. Circuit Court of Appeals struck down Capitol Police rules limiting protests on the Capitol’s eastern steps.
  • Judge Neomi Rao wrote the steps are a nonpublic forum that requires neutral, viewpoint-free restrictions.
  • Plaintiff Presbyterian minister Patrick Mahoney, arrested in 2021, received a partial victory.
  • The panel remanded the case to the U.S. District Court without ordering the steps opened.