Supreme Court Sidesteps Case on Protest Organizer Liability
The Supreme Court has passed on a case with potentially significant implications for protest rights in three states. The high court declined to hear Mckesson v. Doe, a case stemming from a 2016 Black Lives Matter protest in Louisiana.
At issue was whether protest organizers can be held financially liable for the actions of individual participants. A lower court ruled that organizers could be on the hook, even if they weren’t directly involved in any wrongdoing. This decision has raised concerns that it could make it much more difficult to organize large protests in Texas, Louisiana, and Mississippi.
Justice Sonia Sotomayor, in a brief statement, pointed out that the Court’s decision doesn’t necessarily reflect their view on the legality of the lower court ruling. She referenced a separate free speech case decided by the Supreme Court last year, suggesting it could be relevant in future proceedings related to protest organizer liability.
The organizer in this case, DeRay Mckesson, expressed frustration with the decision. The case will now head back to a lower court for further review.