At issue here is whether the First Amendment allows Congress to
criminally prohibit viewpoint expression in the buildings that make up
the seat of our representative government. In 1967, on the heels of civil
rights demonstrations, Congress passed legislation banning all parading,
picketing, and demonstrating in the Capitol Buildings. The D.C. Circuit
has now held that 40 U.S.C. § 5104(e)(2)(G)'s criminal prohibition on
"demonstrating" reaches members of the public who "draw[ | attention to
themselves" in order "to express support for or disapproval of an
identified action or viewpoint" anywhere in the Capitol Buildings. United
States v. Nassif, 97 F.4th 968, 980 (D.C. Cir. 2024). The question
presented is:

Whether 40 U.S.C. § 5104(e)(2)(G), which targets and criminalizes
core First Amendment expression, is unconstitutionally overbroad.

Whether 40 U.S.C. § 5104(e)(2)(G), which targets and criminalizes core First Amendment expression, is unconstitutionally overbroad