97 F.4th 968
D.C. Cir.2024Background
- John Maron Nassif was convicted of four misdemeanors for actions during the January 6, 2021 Capitol riot, including demonstrating in a Capitol building.
- He entered the Capitol Rotunda, led chants, encouraged rioters, and exited after about ten minutes.
- Convicted on all four counts after a bench trial, Nassif was sentenced to seven months in prison—below the calculated sentencing guideline range.
- On appeal, Nassif challenged (1) the constitutionality of the statute prohibiting demonstrations in the Capitol, (2) the guideline used to determine his sentence for disorderly conduct, and (3) whether he was unconstitutionally penalized for going to trial.
- The district court had previously dismissed Nassif's motions to invalidate the demonstration statute for overbreadth and vagueness, finding the Capitol a nonpublic forum and the law clear as applied to him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of demonstration statute | 40 U.S.C. § 5104(e)(2)(G) is overbroad/vague and violates First Amendment | Statute is reasonable given Capitol's legislative function; not a public forum | Statute is facially constitutional; conviction upheld |
| Sentencing guideline applied | Wrong guideline (trespass) was used for § 1752(a)(2) conviction | "Obstructing or impeding officers" guideline properly applies | Correct guideline was used; sentence affirmed |
| Trial penalty in sentencing | Sentence penalized exercise of right to trial | No penalty; lack of guilty plea meant no acceptance of responsibility reduction | No unconstitutional penalty found; sentence affirmed |
Key Cases Cited
- United States v. Hansen, 599 U.S. 762 (2023) (overbreadth doctrine and facial invalidation principles)
- United States v. Williams, 553 U.S. 285 (2008) (standard for facial overbreadth challenge)
- Int'l Soc. for Krishna Consciousness v. Lee, 505 U.S. 672 (1992) (standards for speech restrictions in a nonpublic forum)
- Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37 (1983) (public forum doctrine)
- United States v. Grace, 461 U.S. 171 (1983) (Capitol sidewalks as public forum)
- Hill v. Colorado, 530 U.S. 703 (2000) (limitations of demonstration prohibitions)
- City of Chicago v. Morales, 527 U.S. 41 (1999) (vagueness doctrine)
- Holder v. Humanitarian Law Project, 561 U.S. 1 (2010) (bar on vagueness-as-applied claims for clearly covered conduct)