Defense attorneys argued that the four men are charged with conduct that is protected by the First Amendment right to free speech.
In this Jan. 6, 2021, photo, Proud Boys members Ethan Nordean, left, Zachary Rehl and Joseph Biggs walk toward the U.S. Capitol in Washington, in support of President Donald Trump. A federal judge refused to dismiss an indictment chargingwith conspiring to attack the U.S. Capitol to stop Congress from certifying President Joe Biden’s electoral victory.
“Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests,” Kelly wrote in his 43-page ruling. “Moreover, even if the charged conduct had some expressive aspect, it lost whatever First Amendment protection it may have had.”
Earlier this month, another judge in the District of Columbia’s federal court upheld prosecutors’ use of the same obstruction charge in a separate case against two riot defendants. Other extremist group members have been charged with conspiring to carry out coordinated attacks on the Capitol, including more than 20 people linked to the antigovernment Oath Keepers.
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