D.C. Circuit Court rules on Capitol protest rights and press access

The U.S. Court of Appeals for the District of Columbia Circuit has issued rulings impacting First Amendment protections regarding press access and public demonstrations.

In one decision, the court struck down U.S. Capitol Police Board rules that restricted protesters from using the eastern steps of the U.S. Capitol. The 2-1 ruling found that while the steps are a “nonpublic forum,” the existing restrictions—which largely limited demonstrations to those sponsored by members of Congress—were arbitrary and violated free speech rights. Judge Neomi Rao noted that granting the government arbitrary control over speakers invites the suppression of disfavored viewpoints.

Separately, legal debates continue regarding White House press access. Following the removal of CNN, MSNBC, and Politico from White House grounds by President Donald J. Trump, arguments have emerged regarding the distinction between the right to publish and the privilege of physical access to briefing rooms. Legal analysis suggests that while the government cannot exclude journalists from broadly open spaces like the Brady Briefing Room based on viewpoint, it may exercise discretion in non-public spaces such as the Oval Office.