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Tuesday, 2026-09-22 · · run 20260922T2108Z

Court Backs Minister on Capitol Steps Protest

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A federal appeals court on September 22 affirmed a ruling that a minister's First Amendment rights were violated by a rule barring protests on the Capitol's Eastern Steps without a congressional sponsor.

The U.S. Court of Appeals for the D.C. Circuit affirmed the grant of summary judgment for Reverend Patrick Mahoney on his First Amendment claim.

The court found regulations prohibiting public demonstrations on the Eastern Steps unless sponsored by a member of Congress were not reasonable.

The court stated an individual’s right to demonstrate outside the Capitol cannot turn on the discretion of a member of Congress.

The court vacated a universal injunction against the regulations and remanded the case for the district court to determine the appropriate scope of relief.

Judge Rogers filed a dissenting opinion.

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