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Appeals Court Revisits Its Terrible New Orleans Protest Decision, Changes Nothing About Its Rejection Of First Amendment Protections

Appeals Court Revisits Its Terrible New Orleans Protest Decision, Changes Nothing About Its Rejection Of First Amendment Protections

4 years ago
Anonymous $9ruWwTnhZq

https://www.techdirt.com/articles/20191217/13303743591/appeals-court-revisits-terrible-new-orleans-protest-decision-changes-nothing-about-rejection-first-amendment-protections.shtml

Earlier this year, the Fifth Circuit Appeals Court inexplicably allowed an anonymous police officer to continue suing activist DeRay McKesson for the injuries he sustained when someone (not DeRay McKesson) threw a chunk of concrete at him during a protest in New Orleans.

Never mind the First Amendment, said the court. What about the duty of care McKesson somehow inherited when he chose to organize a protest? Since the protest deliberately broke the law by blocking traffic, the court decided McKesson was at least indirectly responsible for any violence resulting from the inevitable clash between protesters and law enforcement.