June 24th 2023.
A federal appeals court in Louisiana has ruled that officers can sue protest organizers for liability if someone is injured during their demonstrations. This came after an officer filed an anonymous suit to the 5th U.S. Circuit Court of Appeals against Deray Mckesson, a Black Lives Matter activist, on the grounds of negligence. The court ruled in favor for the officer, stating that Mckesson was liable as his plan to block off a highway could lead to an altercation with law enforcement.
This ruling was criticized by Hassan Kanu in a Reuters op-ed, who argued that it “overlooks the fundamental legal principle that while certain categories of speech and action may be impermissible under state law, they are nonetheless protected by the U.S. Constitution.” Kanu continued on, saying that the court decision “ignores the central role of civil disobedience - demonstrations that are peaceful, and sometimes unlawful - in securing our most fundamental American rights.”
This ruling is in stark contrast to the precedent set four decades prior in the NAACP v. Claiborne case, which ensured that protest leaders are protected from any liability if violence occurs during their demonstration, so long as the violent acts are not perpetuated directly by the organizers.
The incident cited for the suit took place in July 2016 during a protest on behalf of the police killing of Alton Sterling, where the officer was allegedly hit with a rock thrown by a protester. The validation of this ruling potentially undermines the precedent set in the NAACP v. Claiborne case, and now protest opposers could use it to suppress organizers.
The NAACP released a briefing to warn of the potential dangers of this new precedent, which could threaten the ability of protesters to use their freedom of speech and assembly to promote vital changes to society. If this decision impacts judges' decision-making on these matters nationwide, the actions taken by protesters could deal with setbacks under the new threat of even grander legal issues.
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