….These severe restrictions on access to the Capitol, which has traditionally been open to the public during regular working hours and while legislative business is being conducted, do not appear to be justified by any legitimate interest in security or public health. The Capitol is, at a minimum, a designated public forum. In such a forum, regulation of speech is subjected to strict scrutiny, so that “content-based restrictions must be narrowly drawn to effectuate a compelling state interest.” Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 45-46 (1983). Prohibiting protestors on either side of the debate from
entering the Capitol during normal business hours or during legislative hearings or sessions, while allowing other persons with “business” in the Capitol to enter, is manifestly content-based and, hence, presumptively unconstitutional….
Document: ACLU Letter.
Via Cap City Liberty.