Protest rights in jeopardy with recent court ruling

A recent decision by the Louisiana Supreme Court reignited the Doe v. McKesson case hanging on a 2019 conservative federal appeals court decision that could make public protest organizers liable for damages or injury during a protest. The appeals court found that when McKesson led demonstrators to occupy a public street, he was then responsible for any of their illegal acts. (Vox, April 2, 2022, by Ian Millhiser)

A police officer sued McKesson for injuries suffered when a Black Lives Matter protestor throw a piece of concrete or rock that hit him in the face. The Louisiana Supreme Court wrote that given the violence of Black Lives Matter protests in other pats of the country, McKesson should have known that the protest could result in injury. (The Louisiana Weekly, April 4, 2022, by Fritz Esker)

ACLU Louisiana Legal Director Nora Ahmed said, “We are deeply disappointed in the Louisiana Supreme Court’s dangerous decision, which is an egregious attempt to silence the voices of the people of Louisiana. Holding a protest organizer liable for injuries an officer sustained during the protest is a direct attack on First Amendment rights.” (ACLU Louisiana, March 28, 2022)

For related FAC coverage, click here, here and here.