Judith W. Rogers

D.C. Circuit Rejects Capitol Steps Speech Limits

Four Tarrant County residents filed a federal lawsuit alleging that County Judge Tim O’Hare’s decorum policy at Commissioners Court meetings infringes free speech and due process, a claim the judge’s campaign calls political. A DC Circuit ruling found that restrictions on demonstrations on the Capitol’s Eastern Steps violate the First Amendment by improperly privileging access through congressional sponsorship, with the court affirming the steps as a nonpublic forum but requiring neutral and reasonable restrictions, and related coverage notes ongoing debate and remand.