Overview
- A three-judge D.C. Circuit panel, which issued its opinion Tuesday, affirmed summary judgment for Rev. Patrick Mahoney but vacated the district court's universal injunction and sent the case back for a narrower remedy.
- The court held that the Capitol Police rule barring demonstrations on the East Steps unless a member of Congress sponsors them is unreasonable because it lets lawmakers exercise unchecked discretion over who may speak.
- The panel treated the East Steps as a nonpublic forum and said rules for such spaces must be viewpoint neutral and governed by objective, workable standards rather than selective sponsorship.
- Senior Judge Judith Rogers dissented and would have classified the lower steps as a traditional public forum, a difference that highlights a split over how strongly the First Amendment protects protest access there.
- The opinion will constrain future enforcement of the sponsorship policy in the D.C. Circuit and could influence other federal access disputes, including ongoing litigation over White House media bans, while the district court crafts a tailored injunction.