A federal judge allowed charges related to the Jan. 6 Capitol riot against four alleged leaders of the right-wing Proud Boys to move forward, rejecting their motion to dismiss on First Amendment grounds.

U.S. District Judge Timothy Kelly in Washington said the First Amendment does not protect them from their charges, which include trespassing, destroying property, and obstructing law enforcement.

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"Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests," Kelly said. "Quite obviously, there were many avenues for defendants to express their opinions about the 2020 presidential election."

Proud Boys leaders Ethan Nordean, Joseph Biggs, Charles Donohoe, and Zachary Rehl pleaded not guilty to the charges. They hoped to dismiss those charges on First Amendment grounds.

They are accused of encouraging other Proud Boys members to attend the Jan. 6 rally and obtaining paramilitary gear for the riot, according to court documents.

Kelly, who was appointed by former President Donald Trump, sided with the Justice Department in allowing the case to proceed and allowed the use of felony obstruction charges. If convicted with felony obstruction, the individuals could face up to 20 years in prison. The charge has been used hundreds of times in Jan. 6-related cases, Reuters reported.

The men made multiple social media posts leading up to the Jan. 6 riot claiming that the election was stolen and talking about how it was "time for f***ing war," court documents said.

“Hopefully the firing squads are for the traitors that are trying to steal the election from the American people,” Rehl posted on social media after the election, according to court documents.

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The Justice Department initially filed its charges against the four Proud Boys members in March. The judge's decision to let the case proceed comes as a wave of Jan. 6 riot-related cases will begin to head to trial early next year.