Supreme Court Rejects 2 Charlottesville White Nationalist Rally Cases

Michael Miselis and Benjamin Daley argued the Anti-Riot Act, a law they pleaded guilty to violating, is overbroad under the First Amendment’s free speech clause

Zach D Roberts/NurPhoto via Getty Images FILE – Members of the alt-right and white supremacist groups encircle counter-protestors at the base of a statue of Thomas Jefferson after marching through the University of Virginia campus with torches in Charlottesville, Va., on Aug. 11, 2017.

The Supreme Court is leaving in place the convictions of two men who as members of a white supremacist group participated in the violent white nationalist rally in Charlottesville, Virginia in 2017.

The high court said Monday that it would not take the case of Michael Miselis or Benjamin Daley, who participated in the rally as members of the “Rise Above Movement,” or “RAM.” Both pleaded guilty to federal rioting charges in connection with the rally.

As is typical, the high court didn't comment in turning away their cases.

Miselis and Daley admitted they punched and kicked demonstrators who showed up to protest against white nationalists during the “Unite the Right” rally in Charlottesville in August 2017.

A woman died after a car plowed into a crowd of people peacefully protesting the rally. Shortly after, a Virginia State Police helicopter that officials said was assisting with the rally crashed, killing the pilot and a state trooper.

PAUL J. RICHARDS/AFP/Getty Images
People receive first-aid after a car accident ran into a crowd of protesters in Charlottesville, Virginia, on Aug. 12, 2017. A vehicle plowed into a crowd of people Saturday at a Virginia rally where violence erupted between white nationalist demonstrators and counter-protesters, witnesses said, causing an unclear number of injuries.
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A counter protester stomps on the leg of a White Nationalist during clashes at Emancipation Park where the White Nationalists are protesting the removal of the Robert E. Lee monument in Charlottesville, Virginia, on Aug. 12, 2017.
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A White Supremacist open carries a rifle during clashes with counter protestors at Emancipation Park where the White Nationalists are protesting the removal of the Robert E. Lee monument in Charlottesville, Virginia, on Aug. 12, 2017.
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White supremacists rush forward with shields and sticks during clashes with counter protesters at Emancipation Park where the White Nationalists are protesting the removal of the Robert E. Lee monument in Charlottesville, Virginia, on Aug. 12, 2017.
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A White Supremacist tries to strike a counter protestor with a White Nationalist flag during clashes at Emancipation Park where the White Nationalists are protesting the removal of the Robert E. Lee monument in Charlottesville, Va., USA on August 12, 2017.
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Rescue workers and medics tend to people who were injured as a car with the license plate GODKPME that was hit after another car plowed through a crowd of counter-demonstrators marching through the downtown shopping district Aug. 12, 2017 in Charlottesville, Virginia. The car plowed through the crowed following the shutdown of the "Unite the Right" rally by police after white nationalists, neo-Nazis and members of the "alt-right" and counter-protesters clashed near Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
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Rescue workers and medics tend to many people who were injured when a car plowed through a crowd of anti-facist counter-demonstrators marching through the downtown shopping district Aug. 12, 2017 in Charlottesville, Virginia. The car plowed through the crowed following the shutdown of the "Unite the Right" rally by police after white nationalists, neo-Nazis and members of the "alt-right" and counter-protesters clashed near Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
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Rescue workers move victims on stretchers after car plowed through a crowd of counter-demonstrators marching through the downtown shopping district Aug. 12, 2017 in Charlottesville, Virginia. The car plowed through the crowed following the shutdown of the "Unite the Right" rally by police after white nationalists, neo-Nazis and members of the "alt-right" and counter-protesters clashed near Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Chip Somodevilla/Getty Images
Rescue workers and medics tend to many people who were injured when a car plowed through a crowd of anti-facist counter-demonstrators marching through the downtown shopping district Aug. 12, 2017 in Charlottesville, Virginia. The car plowed through the crowed following the shutdown of the "Unite the Right" rally by police after white nationalists, neo-Nazis and members of the "alt-right" and counter-protesters clashed near Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
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White nationalists, neo-Nazis and members of the "alt-right" clash with counter-protesters as they enter Lee Park during the "Unite the Right" rally August 12, 2017, in Charlottesville, Virginia. After clashes with anti-fascist protesters and police the rally was declared an unlawful gathering and people were forced out of Lee Park, where a statue of Confederate General Robert E. Lee is slated to be removed.
Virginia State Police
EMPTY_CAPTION"Arrests are being made following declaration of unlawful assembly at Emancipation Park in Charlottesville," Virginia State Police said on Twitter.
AP Photo/Steve Helber
White nationalist demonstrators walk through town after their rally was declared illegal near Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017.
AP Photo/Steve Helber
A counter demonstrator uses a lighted spray can against a white nationalist demonstrator at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter-protesters.
AP Photo/Steve Helber
-A counter demonstrator throws a water bottle at an white nationalist demonstrator at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter-protesters.
AP Photo/Steve Helber
White nationalist demonstrators clash with police at the entrance to Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Gov. Terry McAuliffe declared a state of emergency and police dressed in riot gear ordered people to disperse after chaotic violent clashes between white nationalists and counter-protesters.
AP
White nationalist demonstrators hold their ground against Virginia State Police as police fire tear gas rounds in Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017.
AP Photo/Steve Helber
A white nationalist demonstrator walks into Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Hundreds of people chanted, threw punches, hurled water bottles and unleashed chemical sprays on each other Saturday after violence erupted at a white nationalist rally in Virginia. At least one person was arrested.
AP Photo/Steve Helber
White nationalist demonstrators hold their ground as they clash with counter demonstrators in Lee Park in Charlottesville, Va., Saturday, Aug. 12, 2017. Hundreds of people chanted, threw punches, hurled water bottles and unleashed chemical sprays on each other Saturday after violence erupted at a white nationalist rally in Virginia. At least one person was arrested.
AP Photo/Steve Helber
Rescue personnel help injured people after a car ran into a large group of protesters after an white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017.
AP Photo/Steve Helber
Rescue personnel help injured people after a car ran into a large group of protesters after a white nationalist rally in Charlottesville, Va., Saturday, Aug. 12, 2017.
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Chanting "White lives matter! You will not replace us! and Jews will not replace us!" several hundred white nationalists and white supremacists carrying torches marched in a parade through the University of Virginia campus Friday night, 20 minutes before ending in skirmishing when the marchers were met by a small group of counter-protesters at the base of a statue of Thomas Jefferson, the university's founder.
Zach D Roberts/NurPhoto via Getty Images
Neo-Nazis, alt-rightists, and white supremacists take part a the night before the "Unite the Right" rally in Charlottesville, Virginia, white supremacists march with tiki torches through the University of Virginia campus.
Samuel Corum/Anadolu Agency/Getty Images
A group holds up a flag on the steps of the Rotunda as other Neo Nazis, alt-rightists, and wwhite supremacists march through the University of Virginia campus with torches in Charlottesville, Virginia, on Aug. 11, 2017.
Samuel Corum/Anadolu Agency/Getty Images
Neo Nazis, alt-rightists, and white supremacists march through the University of Virginia campus with torches in Charlottesville, Virginia, on Aug. 11, 2017.
Samuel Corum/Anadolu Agency/Getty Images
Neo-Nazis, alt-rightists and white supremacists march through the University of Virginia campus with torches in Charlottesville, Virginia, on Aug.11, 2017.

Miselis and Daley had challenged their convictions by arguing that the Anti-Riot Act, a law they pleaded guilty to violating, is overbroad under the First Amendment’s free speech clause. A federal appeals court had ruled against them.

Daley was sentenced to 37 months in prison. Miselis was sentenced to 27 months.

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