The five protesters arrested after they snuck a camera into the Supreme Court and disrupted a high court session face up to a year in jail. It's a dramatically stiffer penalty than the one given to previous protesters who were recently prosecuted for the same offense.

The 99Rise protesters are getting hit with more serious charges in a move signaling the high court's disdain over being disrupted with camera-wielding protesters twice this year. Most of the eight protesters arrested for a similar outburst in January got a day in jail and faced a maximum 60-day term.

Although cameras are barred from Supreme Court sessions and onlookers must undergo a security screening, the group on April 1 managed to capture some video and uploaded it to YouTube. The group's members are protesting the high court's decisions ending political spending limits on unions and corporations.

Further Reading Protestors sneak camera into Supreme Court, film arrests

The footage captures a woman yelling, “We rise to demand Democracy. One person, one vote.”

Another protester sings “Ella’s Song” and is whisked away. “We who believe in freedom shall not rest,” the protester sings.

But now the protesters' freedom is at risk. While they and their predecessor protesters were charged with the crime of making a "harangue or oration'" in the Supreme Court Building, the latest group is also being charged with "picketing or parading" (PDF) which is punishable by up to a year in jail and a $100,000 fine. The charge says:

Whoever, with the intent of interfering with, obstructing, or impeding the administration of justice, or with the intent of influencing any judge, juror, witness, or court officer, in the discharge of his duty, pickets or parades in or near a building housing a court of the United States, or in or near a building or residence occupied or used by such judge, juror, witness, or court officer, or with such intent uses any sound-truck or similar device or resorts to any other demonstration in or near any such building or residence, shall be fined under this title or imprisoned not more than one year, or both.

Orin Kerr, a former federal prosecutor, thinks the video may hurt the protestors' defense if they make one. "I suspect the protesters will have a harder time arguing that they lacked the intent to influence judges in the discharge of their duties," he said. "Watching the video, the protesters were urging the Justices to overturn their precedents. For example, one protester stood and yelled: 'Justices, is it not your duty to protect our right to self government? Reverse McCutcheon!!! Overturn Citizens United!!!'"

However, Kerr suggests that the protestors wouldn't get the maximum if convicted. "Sounds severe at first, but I suspect a judge would sentence the defendants to much less time—and perhaps even none at all," he wrote.

The five are not in custody and have been released on their own recognizance. Their next court appearance was not set.

Jeffrey Louis Light, their attorney, did not immediately respond for comment. District of Columbia prosecutors declined comment.

The 99Rise group's leader doesn't think any of this will deter future protests in the court.

“We are not going to be silenced,” said Kai Newkirk.

Listing image by Michael Coghlan / Flickr