Baton Rouge, Louisiana – The Supreme Court declined to hear an appeal from a Black Lives Matter organizer who was held responsible for a violent incident involving a police officer at a protest he had arranged. Civil rights activist Deray Mckesson was sued by an unnamed Baton Rouge officer, referred to as “John Doe,” for injuries sustained during the protest in 2016. The officer alleged that Mckesson should have foreseen the violence that ensued.
According to the officer, an unidentified individual threw a rock-like object during the protest, causing serious harm. The lawsuit claimed that Mckesson should have anticipated the violent outcome of the protest, pointing to similar incidents in the past to support this argument. The case has undergone multiple rounds in lower courts, with the Fifth Circuit ruling that the case against Mckesson could proceed.
Lawyers representing Mckesson argued that the claims against him violate his First Amendment rights and could have a chilling effect on constitutionally-protected activities. Despite this argument, the Supreme Court opted not to take up the case. Justice Sonia Sotomayor, in a separate opinion, indicated that the decision in a recent case should influence how lower courts handle similar cases.
The ACLU, representing Mckesson, has expressed concerns about the potential implications of this decision on free speech rights. The court’s denial of the appeal leaves unresolved questions about the extent to which individuals can be held liable for actions at protests they organized. Sotomayor’s comments on the impact of recent Supreme Court decisions highlight the complexities of balancing free speech rights and accountability in cases involving protests.
In declining to hear the case, the Supreme Court has left the issue unresolved for now. The tension between First Amendment protections and civil liability in cases of protests remains a contentious and evolving legal issue. As protests continue to be a common form of expression in society, the intersection of free speech rights and legal responsibility is likely to be a topic of ongoing debate in the legal community.