A federal judge has upheld an indictment against four members of the Proud Boys, rejecting the defendants’ claims their effort to attack the U.S. Capitol building on Jan. 6 was protected by the first amendment.

The defendants, Ethan Nordean, Joseph Biggs, Zachary Rehl, and Charles Donohoe, are all being charged with conspiracy and obstruction, a felony that carries a maximum sentence of 20 years. The group was indicted in March and is currently in prison awaiting their trial, which is scheduled for May 2022.

U.S. District Judge Timothy Kelly, a former Trump appointee, said the four men had non-violent alternatives to express their displeasure with the results of the 2020 presidential election.

"No matter Defendants political motivations or any political message they wished to express, this alleged conduct is simply not protected by the First Amendment," Kelly wrote.

“Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests,” Kelly continued.

Defense lawyers argued the obstruction charges don’t apply to their clients because Congress certifying the electoral college was not an “official proceeding.” Kelly disagreed.

Three dozen Proud Boys leaders have been indicted for their involvement in the failed insurrection that killed five people, and over 700 total have been charged with crimes related to the tragic assault.

The defense attorneys have not yet commented on Kelly’s ruling.

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