“Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests,” Judge Timothy Kelly wrote in his 43-…
A federal judge on Tuesday refused to dismiss an indictment charging four alleged leaders of the far-right Proud Boys with 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.
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