A former pastor who has fought against restrictions on First Amendment freedoms won a major legal victory earlier this year, prompting the installation of a Nativity stage on the steps of the U.S. Capitol. If it had been a peaceful demonstration, he would have been arrested as soon as possible. A few months ago, he told Blaze News:
At noon on Dec. 10, the Rev. Patrick Mahoney, a Reformed Presbyterian minister and director of the Washington, D.C.-based Christian Defense Coalition for the past 32 years, will present the baby Jesus, Mary, Joseph, the wise men, and the saints. brought a statue representing They even gathered a few animals and lined them up on the southeast steps of the U.S. Capitol in that area. K-LOVE He described it as “the House of Representatives side.”
Then Mahoney. Katie, my wife of 51 years; And only three more guests were able to gather together to read scripture and sing Christmas carols without fear of retaliation from law enforcement. The event lasted approximately 1 hour.
Mahoney said the Nativity scene was a historic moment as it was the first time a Nativity scene had been displayed on the steps of the Capitol.
“We read the Christmas story. We prayed for our country. We emphasized the importance of the message of hope and peace that Jesus brought through his birth. … It was open to all humanity through his birth,” Mahoney told Blaze News. “We prayed for the government. We prayed for the new incoming government.”
“There we celebrated the birth of Christ as the most important moment in world history,” he continued.
“We were happy about it.”
The fight for the First Amendment
In a land of the free, where freedom of speech and religious expression is enshrined in the Constitution, and in the home of our bravest souls, such a peaceful event in our nation's capital is nothing short of remarkable. . But Pastor Mahoney is well aware of how easily such freedoms are sacrificed in the name of safety and security in recent years.
The first major event to restrict civil liberties in DC was 9/11. In the immediate aftermath of the attacks, including a deadly attack on the nearby Pentagon, U.S. Capitol Police warned Americans not to demonstrate at the Capitol, said Eric Sell, an attorney with the American Freedom Center who is representing Mahoney. The decision was made to block it.
“The perimeter of the Capitol building, including the east staircase, is approximately 250 feet and is completely off-limits to demonstrators,” Sell told Blaze News.
“Individuals or groups of any size may not demonstrate on the steps of the U.S. Capitol.”
For more than 20 years, the Capitol Police did not change its policy. In fact, efforts were made to further strengthen regulations after January 6, 2021.
Mahoney learned first-hand how strictly the enhanced restrictions are being enforced. In April 2021, just a few months after the Capitol riot, Mahoney attempted to host a Good Friday vigil as usual, but was quickly arrested.
The photo was shared with Blaze News. Used with permission
Mahoney was charged with unlawful assembly and later paid an estimated $125 fine. But tight security restrictions on the steps of the Capitol remain in place, effectively banning ordinary Americans from speaking publicly outside the government buildings they pay for with their tax dollars.
“The only people who had access to the steps of the Capitol at virtually any time were members of Congress,” Sell said. “And they will often invite allies there with them.”
“But ordinary people can't do that,” Sell added.
traffic regulation A document released by the Capitol Police Commission in January 2024 reiterates restrictions on the Capitol stairs.
“Individuals or groups of any size may not demonstrate on the steps of the U.S. Capitol, on the steps of any building on the Capitol grounds, or in any other area that is closed or restricted from official use. ”
Mr. Mahoney refused to accept the continued suspension of American civil liberties and sued the Capitol Police Board to have the restrictions lifted. The process of deregulation was long, but with considerable success.
“After 18 months, we have secured the right to return to peaceful demonstrations, free speech activities and Good Friday services,” he told Blaze News. The steps of the National Diet Building. ”
Mr Mahoney's determination to reclaim that vital public area finally came to fruition earlier this year. In May, james boasbergthe Obama-appointed Chief Judge of the District Court of Washington, D.C., ruled that the “prohibition of all unsponsored speeches on the East Steps” of the U.S. Capitol is “unconstitutional.”
Sell told Blaze News that the decision officially classifies the Capitol's east steps as a “traditional public place” with strong First Amendment rights protections.
“It's much more difficult for governments to ban traditional public speech,” Sell explained. “And it's an incredible victory for free speech that the steps of the Capitol have been determined by a federal court to be a traditional public space, because people can go there and express their messages. Because it means that something is allowed.”
Sell further added that while the Capitol Police and other government officials “can still request permits and put in place other types of restrictions,” they “can't do anything there, as they have done since 2001.” It is no longer possible to completely ban speech.
Mahoney said the steps of the Capitol are the “people's house,” and the people have the right to express themselves and their religious beliefs there without fear, not just the “lobbyists” of members of Congress and their friends. Ta.
“While we may not be part of an elite political class, all citizens should have the right to freely go to the Capitol and broadcast their opinions and values.”
The Capitol Police Commission did not respond to Blaze News' request for comment.
“Decisive legal victory”, and still…
Immediately after Judge Boasberg handed down his sentence, Pastor Mahoney knew how to celebrate it. It was to host a Christmas celebration in December with a nativity scene and carol singing. Mr Mahoney suggested to Blaze News that the east staircase was ground zero in the “War on Christmas.”
“Holding this event on the steps of the Capitol, the most powerful public forum in the world, the most powerful public place, where we can come and worship freely, celebrate Christmas there, and celebrate religious freedom there. If we can express it, we have won.'The War on Christmas and the War on Christmas are over,' he said.
Other Christians and Christian groups similarly viewed the verdict and the nativity scene at the Capitol.
Andrea Picciotti Bayer, director of the Conscience Project, told Blaze News:
The Nativity display installed on the steps of the U.S. Capitol by the Christian Defense Union, a civilian group, is a stunning representation of the freedoms enjoyed by all Americans. Peaceful demonstrations in places traditionally considered public places do not lack constitutional protection because of their religious character. All defenders of America's cherished freedoms, Christian or non-Christian, should celebrate this one battle won in the “War on Christmas.”
Erica Ahern, associate editor of CatholicVote and LOOP, said in a statement to Blaze News:
In this historic first event, we see signs of Christmas joy and hope for a great nation. Public displays of the Nativity of Jesus remind us of the central role of religion in American history and the reality that the majority of Americans honor Christ at Christmas. Much has been said about our political divisions, but the manifestation of the Holy Family is a sign that America is healing.
Mr. Sell similarly called the ruling “incredible” and “a decisive legal victory.”
“If I had done this eight months ago or last Christmas time, I would have been arrested.”
Unfortunately, this ruling still has one major limitation. Even though Judge Boasberg ruled that the ban on free speech on the Eastern Steps was “unconstitutional,” at least for the time being, it severely limits the number of people who can exercise their First Amendment rights there. agreed.
In fact, only Mr. Mahoney and four of his friends will be allowed to participate until a new government takes office next month.
“The government asked the district court to suspend the injunction against everyone except Patrick Mahoney,” Sell told Blaze News. ”[The judge] They were concerned that the government had raised legitimate concerns about security between the election and the inauguration. ”
Although only five people in total were allowed to officially attend the Christmas event, many tourists enjoyed the event and stopped to take selfies with Mahoney, his wife, and the Nativity figures.
“People loved it,” Mahoney said proudly. “They were really happy.”
The photo was shared with Blaze News. Used with permission.
Sell described the temporary restrictions as “ridiculous” and noted that even the American Civil Liberties Union is outraged by them and wants to get involved.
“We've had some discussions with the ACLU's D.C. chapter,” Sell said. “They have an interest in this case. They support Reverend Mahoney, they support the people's right to speak on the steps of the Capitol. They have filed amicus briefs supporting us on appeal. Looks like it might be submitted.”
Mahoney said he doesn't often see eye-to-eye with the ACLU, but appreciates its willingness to work with him in the fight for free speech. Sell suggested that court briefs from the organization could influence the court.
“We think it would be helpful to have them submit briefs of support because it would show that this is not limited to the ideological right or the ideological left,” Sell said. “People from all walks of life in this country believe in free speech. The fact that the ACLU is coming and filing briefs shows that this is about free speech. Right-wing ideologies and It's not a question of leftist ideology.”
The ACLU did not respond to Blaze News' request for comment.
For now, Mahoney is just grateful that federal judges appointed by Obama upheld the First Amendment.
“If I had done this eight months ago or last Christmas time, I would have been arrested,” he said.
Despite progress, Mahoney warns Christians and all Americans of good will not to become complacent about civil liberties.
“Eternal vigilance is the price of freedom,” Mahoney said, quoting the inscription on the sculpture at the National Archives in Washington, D.C. “I think communities of faith especially need to keep that in mind. We must continue to raise our voices and fight to secure our freedom.” That all Americans are free to express in public their religious views, beliefs, values, how they raise their children, and how they live their lives, without government harassment or opposition. . ”
He also told Blaze News that he was optimistic that the First Amendment would be better served under President-elect Donald Trump than it was under Vice President Kamala Harris, noting that Vice President “They have hostility and hostility towards those who have them.”
“I think one of the key undercurrents, just like in the election, was clearly immigration, crime and the economy,” Mahoney said. “But I think for the 80% of evangelicals who voted for President Trump, what came up was a sense that our religious freedoms would be protected.”
“One of the most dangerous things in the United States is that federal law enforcement cannot protect its own citizens, especially those of faith,” he said, referring to the peaceful pro-life protesters jailed under the Biden-Harris administration. It's against the people,” he added.
“It's dangerous.”
H/T: patrick madrid show
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