A battle is shaping up at the Georgia Supreme Court over the constitutionality of the state law used to arrest several protestors at the state Capitol—including a state legislator who is now a member of U.S. Congress.

The trouble with the law against disrupting business under the Gold Dome is that capitol police have used it to arrest people who weren’t disrupting anything, according to an amicus brief filed Monday by the ACLU of Georgia on behalf of the Southern Poverty Law Center plus Asian Americans Advancing Justice-Atlanta, Feminist Women’s Health Center, Georgia Conference of the NAACP, Georgia Equality, Georgia STAND UP and Planned Parenthood Southeast Advocates. Therefore, they argued, the criminal statute in question violates the freedom of speech guarantees in the state and federal constitutions.