Baton Rouge, Louisiana – The Supreme Court made a crucial decision regarding a Black Lives Matter organizer’s liability in a violent attack on a police officer at a protest he orchestrated. Civil rights activist Deray Mckesson was sued by an unnamed Baton Rouge officer, known as “John Doe,” for injuries sustained during the protest in 2016.
Doe alleged that during the protest, an unidentified individual threw a “rock-like” object, causing injuries that included knocking the officer’s teeth out and a brain injury. The officer’s lawsuit claimed that Mckesson should have foreseen the violence at the protest, citing previous incidents where similar protests turned violent.
The case has seen multiple rounds in lower courts, with the Fifth Circuit ruling that Doe’s claims against Mckesson could proceed. The court stated that Mckesson had created unreasonably dangerous conditions and had incited violence by organizing the protest in a manner that suggested a confrontation with the police was likely.
Lawyers from the American Civil Liberties Union, representing Mckesson, argued that the lower court’s decision violated his First Amendment rights. They contended that the ruling set a dangerous precedent that could restrict constitutionally protected activities nationwide.
The Supreme Court declined to take up Mckesson’s case, with Justice Sonia Sotomayor issuing a separate opinion respecting the court’s decision. She noted that the denial did not reflect an opinion on the merits of Mckesson’s claim, indicating that the high court’s recent ruling in Counterman v. Colorado should guide lower courts on similar cases.
Overall, the Supreme Court’s decision has significant implications for the First Amendment rights of organizers and activists involved in protests and demonstrations. It highlights the complex legal landscape surrounding liability for actions taken at such events and the balance between free speech rights and law enforcement interests.