Baton Rouge, Louisiana – The Supreme Court declined to hear an appeal from a Black Lives Matter organizer held responsible for a violent incident involving a police officer during a protest he orchestrated. The case involved civil rights activist Deray Mckesson, who was sued by a Baton Rouge police officer for injuries sustained during the protest in 2016.
The officer, referred to as “John Doe,” alleged that Mckesson should have anticipated the violence that ensued during the demonstration and that his actions led to the officer’s injuries. The lawsuit claimed that Mckesson had a history of organizing protests that turned violent and that he should have known the risks involved.
Despite efforts from the ACLU to defend Mckesson’s First Amendment rights, the Fifth Circuit Court ruled in favor of the officer, allowing the case to proceed. The court argued that Mckesson had created dangerous conditions and incited violence by organizing the protest in a manner that was likely to lead to a confrontation with the police.
Justice Sonia Sotomayor, in a separate opinion, noted the court’s decision not to take up the case but refrained from expressing a view on the merits of Mckesson’s claim. She also referenced a recent Supreme Court decision that could impact how lower courts handle similar cases involving allegations of incitement to violence.
The outcome of this case could have broader implications for future protests and demonstrations, particularly concerning issues of liability for organizers and activists. As the debate over free speech and expression continues to evolve, the intersection between activism and legal responsibility remains a complex and contentious issue within the justice system.