January 6 rioters are publicizing their actions at the US Capitol and pushing misinformation in an effort to gain notoriety in ways that echo former President Donald Trump.

But it has not gone well for many of them. Some rioters are finding that their words and their posts are being used against them in court — and making it harder for them to get leniency when it comes to sentencing.

“You were a pawn. You were a pawn in the game played by people who know better.” That’s what Judge Amit Mehta told an individual who stormed the Capitol on January 6. Mehta said those defendants were “told lies,” believed those lies, and now “they are the ones paying the consequences.”

Though any criminal defendant’s statements are protected by the First Amendment, they can be used to establish a person’s state of mind and could influence how a judge views their actions and their contrition.