The Supreme Court declined to hear an appeal from John Nassif of Florida after being convicted in the Jan. 6 Capitol riot, the Washington Examiner reported Tuesday.
Nassif argued during his hearing that a law banning "parading, picketing, and demonstrating" inside the Capitol violated his First Amendment rights; such a law has been reportedly used in arguments by other Jan. 6 defendants.
The 57-year-old was sentenced to seven months for disorderly conduct and violent entry. In an effort to commute his sentence, Nassif's public defenders argued he entered the Capitol an hour after it was already breached and was only there for 10 minutes.
Lower courts upheld the parading charge, with the D.C. Circuit ruling the Capitol as a nonpublic forum. Nonetheless, President-elect Donald Trump has indicated possible pardons for those involved in the riot, though any specifics remain unclear.