A federal appeals court in Louisiana decided last week that a cop can sue a protest organizer for injuries caused by another person during a demonstration, ratifying a novel legal theory that threatens to further suppress protests and First Amendment rights more broadly.
May 28, 2022; Kansas City, Kansas, USA; A Sporting Kansas City fan displays a Black Lives Matter sign before the match between Sporting Kansas City and the Vancouver Whitecaps at Children's Mercy Park. Mandatory Credit: Denny Medley-USA TODAY Sports
There is no dispute that Mckesson did not encourage or call for violence and did not act in concert with the person who threw the object. And a 40-year-old precedent from the U.S. Supreme Court in NAACP v. Claiborne holds that protest leaders are constitutionally protected from liability for unlawful acts by other demonstrators as a general matter, so long as they don’t specifically direct or incite imminent violence.
The police officer’s unusual complaint has bounced up and down the court system for several years now. It was dismissed by a federal district court in 2017, before the 5th Circuit revived some claims two years later.
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