The Supreme Court on Monday refused to block a lawsuit against a police officer in a case where a Black Lives Matter activist who led a 2016 protest was injured by another person.
Black Lives Matter activist DeRay McKesson Asked The judge ruled that the First Amendment holds protest leaders personally liable for violence committed by other individuals when the organizers “do not authorize, direct, or authorize” the actions. Decide whether to prevent it. After McKesson was hit in the head with a rock during a 2016 protest, Baton Rouge police officers charged him with “inciting violence” and “doing nothing to calm the crowd.” according to for complaints.
The judge’s decision not to take up the case left in place a lower court ruling allowing the case to proceed.
“The court’s rejection today does not express a view on the merits of McKesson’s claims, as the court may reject the award for a number of reasons, including that the law does not require further clarification. No,” Justice Sonia Sotomayor said. I have written In a statement accompanying the denial. (Related: Cornel West announces Black Lives Matter leader will be named vice president in 2024)
BREAKING: The Supreme Court today rejected McKesson v. Doe. In that case, a divided 5th Circuit ruled that protest organizers could be sued for “negligently” organizing a protest in which a police officer was injured. pic.twitter.com/AlQ6lMgVpI
— FIRE (@TheFIREorg) April 15, 2024
Sotomayor noted that the Supreme Court’s recent decision in Counterman v. Colorado shows that “the First Amendment prohibits the use of ‘objective standards’ such as negligence to punish speech.” He pointed out that it has become clear. The court held in Counterman that a speaker cannot be held liable for making a “true threat” unless the speaker acted recklessly and knew the nature of the threat.
“While the Fifth Circuit did not benefit from our recent decision in Counterman when it issued its opinion, lower courts now do,” she wrote. “I expect they will give full and fair consideration to the arguments regarding Counterman’s impact in any further proceedings in this case.”
5th Circuit held In 2023, the police officer admitted to a negligence claim, “plausibly alleging that Mr. McKesson breached his duties in the course of organizing and leading the Black Lives Matter protests at issue here.” .
In a dissent, Trump-appointed 5th Circuit Judge Don Willett said police officers “deserve justice” and can sue stone throwers, but not protest leaders. Stated.
“The Constitution that Officer Doe swore to uphold protects McKesson’s rights of speech, assembly, association, and petition,” he wrote.
Black Lives Matter is Founded It gained attention in 2013 and gained traction in the following years. Riots swept across the country in the summer of 2020 following the death of George Floyd.
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