Supreme Court rejects BLM protest organizer’s lawsuit appeal

The U.S. Supreme Court refused to hear an appeal from activist DeRay Mckesson on Monday. Mckesson is being sued for negligence for his actions related to a 2016 Black Lives Matter protest in Baton Rouge, La. An unidentified demonstrator at the protest threw a large “rock-like” object at a local police officer, causing severe injuries to the officer’s head, brain, and teeth. The officer is now suing Mckesson, the protest organizer, for damages. The Supreme Court’s refusal to hear Mckesson’s appeal leaves a ruling by the 5th U.S. Circuit Court of Appeals in place, allowing the officer’s lawsuit to move forward. The American Civil Liberties Union represents Mckesson and argues that, in the absence of evidence that McKesson intentionally incited violence, his First Amendment rights of free speech and assembly shield the leader from charges of negligence.

Did SCOTUS give any insight on the rejection? Justice Sonia Sotomayor penned the opinion for the petition rejection and called attention to a similar case, Counterman v. Colorado, which the court ruled on in 2023. The Court’s opinion in that case argued for a less-demanding recklessness standard with which to punish speech as a “true threat,” Sotomayor noted. The case also emphasized that an objective standard like negligence would violate the First Amendment. While that opinion seemed to work in Mckesson’s favor, Sotomayor pointed out that the Supreme Court had already set precedent on the issue, thus eliminating the need to hear it again in Mckesson’s case. The opinion further argued that, since the 5th U.S. Circuit Court of Appeals was decided before the 2023 precedent was set, Mckesson’s case could now return to the lower court, which could take the new precedent into account. The Supreme Court’s denial to hear the appeal does not speak to the merits of the case, Sotomayor added.

Dig deeper: Read Sophia Lee’s report in WORLD Magazine on the long-term effects of George Floyd protests on cities.