Recently, the Supreme Court made a decision that a Black Lives Matter activist might face a lawsuit due to a police officer getting injured during a protest he orchestrated. The NAACP has criticized this ruling, stating it violates First Amendment rights and could lead to the suppression of civil rights activists.
The Supreme Court upheld a lower court’s decision permitting a lawsuit against DeRay Mckesson, who organized a protest in 2016 over the police killing of Alton Sterling in Louisiana. During the protest, a police officer was hit by an object thrown by an unidentified protestor. The court’s ruling has raised concerns about the right to organize protests in Louisiana, Mississippi, and Texas.
Justice Sonia Sotomayor addressed the case, acknowledging its implications for First Amendment rights. She mentioned that their denial of certiorari in this case does not indicate a stance on Mckesson’s claim. The court suggested looking into another case, Counterman v. Colorado, to assess its impact on Mckesson’s situation.
Another case involving Billy Counterman in Colorado highlighted the need for a precise standard in convicting individuals for sending threatening messages on social media platforms. The court emphasized the requirement to prove reckless behavior in such cases.
Despite reservations about holding Mckesson accountable for actions of another protestor, the court chose not to overturn the lower court’s ruling, indicating a nuanced stance on the matter.
Mckesson is supported by the ACLU’s legal team, arguing that the appeals court’s decision violates the First Amendment and a Supreme Court ruling from 1982 concerning damages resulting from boycotts led by the NAACP.
“Because this Court may deny certiorari for many reasons, including that the law is not in need of further clarification, its denial today expresses no view about the merits in Mckesson’s claim,” Justice Sotomayor expressed this sentiment. “Although the Fifth Circuit did not have the benefit of this Court’s recent decision in Counterman when it issued its opinion, the lower courts now do.”
In a recent update, the Supreme Court did not grant cert in Mckesson’s case, leading to a continuation of legal proceedings dating back to 2016.
This contrast in the legal treatment between a black activist being sued for a protest-related incident and the lack of accountability for Donald Trump’s role in the Capitol riot reflects the disparities in the American legal system.
