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

QUESTION PRESENTED 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. 1