By Nevya Patel
WASHINGTON, DC — The ACLU reports the decision that if there was no intent, a protest leader cannot be held legally responsible for injuries inflicted by another person’s violent act at a protest, as the U.S. District Court for the Middle District of Louisiana ruled last week.
According to the American Civil Liberties Union [ACLU] press release, the decision in favor of civil rights activist and Black Lives Matter movement organizer DeRay Mckesson found First Amendment freedoms cannot be restricted by negligence.
After the Supreme Court refused to hear Doe v. Mckesson in April 2024, Justice Sonia Sotomayor wrote a statement that emphasized the 2023 decision in Counterman v. Colorado, that “negligence can never be the proper standard when it comes to political speech and that intent is necessary for incitement.”
“The Supreme Court has long recognized that peaceful protesters cannot be held liable for the unintended, unlawful actions of others, and we’re delighted to see that the district court came to the same conclusion,” said legal director of the ACLU David Cole after the court agreed with Sotomayor.
According to the ACLU statement, the district found the officer plaintiff in McKesson did not prove the necessary facts, making it evident that “negligent protest” from a supposed leader does not win a case.
The ACLU also stated a protest in Baton Rouge, Louisiana, July 9, 2016, held to celebrate Alton Sterling — a Black resident shot and killed by two police officers on duty — which resulted in an officer sustaining injuries and someone bringing the lawsuit
“Cases like this are used as a scare tactic, to stop communities from organizing with a fear of being held accountable for any and all actions that take place,” said Billy Gibbens, attorney with Schonekas, Evans, McGoey & McEachin, adding, “We are thrilled that this ruling protected the rights of DeRay Mckesson, and all organizers and protest leaders.”
Mckesson’s legal representative, David Goldberg, an attorney with Donahue & Goldberg, said, “This win is not just important here in Louisiana, but across the nation. It ensures the fundamental right to protest that this country was built upon, stands strong.”
“The goal of this lawsuit was to prevent people from showing up at a protest out of the fear that they might be held responsible if anything happens, which makes this decision a win not only for me, but for all protest leaders and organizers across the country who are going to continue to show up and speak out. It’s heartening to know that the Constitution still protects our right to protest,” said Mckesson.
The activist added, “This has been a grueling eight-year process, and now that it is behind me, I can continue to channel all of my energy into the day-to-day work of envisioning a world beyond policing.”
