SCOTUS Rejects BLM Activist’s First Amendment Appeal

Facts

• The US Supreme Court (SCOTUS) on Monday turned down an appeal from DeRay Mckesson, a Black Lives Matter (BLM) activist, who is facing a lawsuit from Louisiana police officer John Ford.¹
• Ford sued Mckesson for negligence after a rock struck him during a 2016 protest organized by the activist. Ford's lawsuit claims that Mckesson should have known that his pre-protest actions could lead to violence.²
• A federal judge dismissed Ford's lawsuit in 2017. However, the Fifth US Circuit Court of Appeals overturned the decision, ruling that Ford had the right to argue that Mckesson didn't exercise reasonable care when he led protesters onto a highway.³
• Ford is seeking damages for brain, teeth, and jaw injuries suffered as a result of the incident. The protests in 2016 were sparked by the death of Alton Sterling — a Black man who was shot and killed by a white police officer.⁴
• Mckesson claims Ford's lawsuit violates his First Amendment protections on the right to speech. With the Louisiana Supreme Court siding with the Fifth US Circuit Court of Appeals and SCOTUS refusing to intervene, Ford's case will likely continue.⁵
• SCOTUS didn't offer any judgment on the merits of Ford or Mckesson's claims. However, liberal Justice Sonia Sotomayor said that a recent top court ruling on a similar case could help Mckesson's defense.⁶

Sources: ¹Reuters, ²US News & World Report, ³ABC News, ⁴USA Today, ⁵SCOTUSblog and ⁶NBC.

Narratives

• Left narrative, as provided by Vox. By refusing to weigh in on Mckesson's appeal, SCOTUS has effectively ended the right to mass protest in several states. The right-wing New Orleans-based Fifth Circuit green-lighted the legal attack on Mckesson for simply organizing a protest against police brutality. Instead of protecting him and other activists, SCOTUS has delivered a de facto endorsement of anti-First Amendment lawsuits. If activists are held responsible for the actions of protesters, racial justice campaigners will be left scared to organize protests for their rights.
• Right narrative, as provided by ZeroHedge. No matter what BLM may say, Ford has the right to seek damages for the injuries he sustained during a violent protest. Since the person who threw a rock at his head couldn't be identified, Mckesson is ultimately responsible for the attack. This is especially true given that the activist paid no mind to the fact that such protests often turn violent, which means his negligence resulted in the injuries Ford suffered. Ford has the right to sue Mckesson.

Predictions