LOADINGERROR LOADINGWASHINGTON (AP) — The Supreme Court on Monday allowed a lawsuit to go forward against a Black Lives Matter activist who led a protest in Louisiana in which a police officer was injured. Civil rights groups and free speech advocates have warned that the suit threatens the right to protest.The justices rejected an appeal from DeRay Mckesson in a case that stems from a 2016 protest over the police killing of a Black man in Baton Rouge.Advertisement
At an earlier stage of the case, the high court noted that the issue was “fraught with implications for First Amendment rights.”The justices did not explain their action Monday, but Justice Sonia Sotomayor wrote a brief opinion that said lower courts should not read too much into it.The court’s “denial today expresses no view about the merits of Mckesson’s claim,” Sotomayor wrote.In this July 10, 2016, photo, Black Lives Matter activist DeRay Mckesson talks to the media after his release from jail in Baton Rouge, Louisiana. The Supreme Court allowed on Monday, April 15, 2024, to proceed a lawsuit by an unidentified Baton Rouge officer who was injured during the protest organized by Mckesson.Max Becherer via Associated PressAt the protest in Baton Rouge, the officer was hit by a “rock-like” object thrown by an unidentified protester, but he sued Mckesson in his role as the protest organizer.Advertisement
A federal judge threw out the lawsuit in 2017, but a panel of the 5th U.S. Circuit Court of Appeals ruled 2-1 that the officer should be able to argue that Mckesson didn’t exercise reasonable care in leading protesters onto a highway, setting up a police confrontation in which the officer, identified in court papers only as John Doe, was injured.In dissent, Judge Don Willett wrote, “He deserves justice. Unquestionably, Officer Doe can sue the rock-thrower. But I disagree that he can sue Mckesson as the protest leader.”If allowed to stand, the decision to allow the suit to proceed would discourage people from protesting, the American Civil Liberties Union wrote, representing Mckesson.“Given the prospect that some individual protest participant might engage in law-breaking, only the most intrepid citizens would exercise their rights if doing so risked personal liability for third-parties’ wrongdoing,” the ACLU told the court.Lawyers for the officer had urged the court to turn away the appeal, noting that the protest illegally blocked the highway and that Mckesson did nothing to dissuade the violence that took place.Advertisement
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At an earlier stage of the case, the high court noted that the issue was “fraught with implications for First Amendment rights.”The justices did not explain their action Monday, but Justice Sonia Sotomayor wrote a brief opinion that said lower courts should not read too much into it.The court’s “denial today expresses no view about the merits of Mckesson’s claim,” Sotomayor wrote.In this July 10, 2016, photo, Black Lives Matter activist DeRay Mckesson talks to the media after his release from jail in Baton Rouge, Louisiana. The Supreme Court allowed on Monday, April 15, 2024, to proceed a lawsuit by an unidentified Baton Rouge officer who was injured during the protest organized by Mckesson.Max Becherer via Associated PressAt the protest in Baton Rouge, the officer was hit by a “rock-like” object thrown by an unidentified protester, but he sued Mckesson in his role as the protest organizer.Advertisement
A federal judge threw out the lawsuit in 2017, but a panel of the 5th U.S. Circuit Court of Appeals ruled 2-1 that the officer should be able to argue that Mckesson didn’t exercise reasonable care in leading protesters onto a highway, setting up a police confrontation in which the officer, identified in court papers only as John Doe, was injured.In dissent, Judge Don Willett wrote, “He deserves justice. Unquestionably, Officer Doe can sue the rock-thrower. But I disagree that he can sue Mckesson as the protest leader.”If allowed to stand, the decision to allow the suit to proceed would discourage people from protesting, the American Civil Liberties Union wrote, representing Mckesson.“Given the prospect that some individual protest participant might engage in law-breaking, only the most intrepid citizens would exercise their rights if doing so risked personal liability for third-parties’ wrongdoing,” the ACLU told the court.Lawyers for the officer had urged the court to turn away the appeal, noting that the protest illegally blocked the highway and that Mckesson did nothing to dissuade the violence that took place.Advertisement
Support HuffPostOur 2024 Coverage Needs YouYour Loyalty Means The World To UsAt HuffPost, we believe that everyone needs high-quality journalism, but we understand that not everyone can afford to pay for expensive news subscriptions. That is why we are committed to providing deeply reported, carefully fact-checked news that is freely accessible to everyone.Whether you come to HuffPost for updates on the 2024 presidential race, hard-hitting investigations into critical issues facing our country today, or trending stories that make you laugh, we appreciate you. The truth is, news costs money to produce, and we are proud that we have never put our stories behind an expensive paywall.Would you join us to help keep our stories free for all? Your contribution of as little as $2 will go a long way.Can’t afford to donate? Support HuffPost by creating a free account and log in while you read.As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That’s why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we’ll bring you hard-hitting investigations, well-researched analysis and timely takes you can’t find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.Contribute as little as $2 to keep our news free for all.Can’t afford to donate? Support HuffPost by creating a free account and log in while you read.Dear HuffPost ReaderThank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?Dear HuffPost ReaderThank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you’ll consider contributing to HuffPost once more.Support HuffPostAlready contributed? Log in to hide these messages.RelatedSupreme CourtConan O’Brien Confesses The Worst Thing His Talk Show Guests Say During InterviewsJimmy Kimmel Exposes The 1 Glaring Flaw In Trump’s Latest Legal RantJimmy Fallon Cooks Up A Scathing Ditty To Help You Keep Up With Trump’s Chaotic Schedule …nnDiscussion:nn” ai_name=”RocketNews AI: ” start_sentence=”Can I tell you more about this article?” text_input_placeholder=”Type ‘Yes'”]