An important Supreme Court ruling related to Black Lives Matter protests came through just a month ago. CNN Supreme Court Reporter Ariana de Vogue wrote, the Supreme Court wiped away a lower court option that critics argued would chill the speech rights or demonstrators and dismantle civil rights era precedent that safeguard the First Amendments’ right to protest. The lower court allowed a Louisiana police officer to move forward with lawsuit to hold the organizer of a Black Lives Matter protest, DeRay Mckesson, accountable for injuries the officer sustained in 2016 when he was hit by a heavy object. Mckesson himself did not hurl the object; the person who did is still unidentified. The case explores the reach of the First Amendment when it comes to civil rights protects and it comes as the country is reeling from renewed demonstrations this summer. The Supreme Court has held that lawful protestors cannot be held liable when someone within their ranks commits unlawful activity. “The Supreme Court has long recognized that peaceful protesters cannot be held liable for the unintended, unlawful actions of others,” said American Civil Liberties Union National Legal Director David Cole, who is representing Mckesson. “If the law had allowed anyone to sue leaders of social justice movements over the violent actions of others, there would have been no Civil Rights Movement. The lower court’s ruling is a threat to the First Amendment rights of millions of Americans.”
“The First Amendment does not condone physical violence,” a group of First Amendment lawyers represented by Acting Solicitor General Walter Dellinger told the court in support of Mckesson. Dellinger argued that while the Constitution does not excuse the attacker’s “criminal, tortious and morally indefensible conduct,” it does protect the organizer who “neither committed nor incited” the illegal activity. “What is at stake here is not the officer’s right to seek redress for his injuries, but the First Amendment rights of organizers to use protest to express political and social views,” Dellinger wrote. DeRay Mckesson tweeted, “I’ve been in this legal battle since Nov 2016 and the Supreme Court vacated the 5th Circuit decision against me that said that individual organizers can be civilly liable for injuries/damages. This is win for every organizer & activist. Let’s keep fighting.”
Consider the impact of protests in our history. Consider the influence of the First Amendment. Know and consider your rights when organizing a protest, attending a protest, and/or documenting a protest. Know and consider the rights of others as they organize a protest, attend a protest, and/or document a protest. Consider the power of your voice when protesting today.
Resources:
- National Center for Free Speech and Civic Engagement | Free Speech Guides by Jonathan Friedman
- ACLU Know Your Rights | Protesters’ Rights
