Baton Rouge, Louisiana – The Supreme Court on Monday declined to hear an appeal from a Black Lives Matter organizer, Deray Mckesson, who was found responsible for a violent attack on a police officer at a protest he helped organize in 2016. The incident occurred when a third party threw an object during the protest, injuring the officer. The lower court held Mckesson liable for the attack.
The officer, identified only as “John Doe,” alleged that Mckesson should have known that the protest could turn violent, citing past incidents of rioting. The case has been through multiple rounds in lower courts, with the Fifth Circuit ruling last year that the lawsuit against Mckesson could proceed. The court stated that Mckesson had created dangerous conditions and incited violence during the protest.
Lawyers from the American Civil Liberties Union (ACLU), representing Mckesson, argued that the claims against him violated his First Amendment rights. They contended that the lower court’s decision could have a chilling effect on protected First Amendment activities across the country. The Supreme Court’s decision not to take up the case was accompanied by a statement from Justice Sonia Sotomayor, indicating that the court expressed no opinion on the merits of Mckesson’s claim.
Sotomayor also referenced a recent Supreme Court decision, Counterman v. Colorado, which could impact how lower courts handle cases like Mckesson’s in the future. The decision in Counterman makes it more challenging to convict individuals of making violent threats. Sotomayor encouraged lower courts to consider the implications of this ruling in similar cases moving forward.
Overall, the Supreme Court’s refusal to hear Mckesson’s appeal leaves the lower court’s decision intact. This case highlights the complex legal issues surrounding organizing protests and the potential liability that organizers may face in certain situations. It also underscores the ongoing debate surrounding free speech rights and the consequences of incitement of violence during public demonstrations.