During a 2016 Black Lives Matter protest in Baton Rouge, Louisiana, someone picked up a rock or a piece of concrete and hurled it at police, striking an officer in the head. Although the assailant was never identified, we know it was not BLM leader DeRay Mckesson, who nevertheless faces a lawsuit that blames him for creating the circumstances that led to the officer’s injuries.
The U.S. Court of Appeals for the 5th Circuit allowed that lawsuit to proceed, rejecting Mckesson’s claim that it was inconsistent with the First Amendment. Mckesson, represented by the American Civil Liberties Union, is now asking the U.S. Supreme Court to intervene, and he makes a compelling case that such litigation threatens the protest rights of Americans across the political spectrum.
