The U.S. Supreme Court declined to hear an appeal from activist DeRay Mckesson, allowing a lawsuit by a Louisiana police officer, John Ford, injured during a 2016 protest, to proceed.
The decision revives a case accusing McKesson of negligence after Officer Ford was hit by a rock during a protest against the police shooting of Alton Sterling, a Black man.
Represented by the ACLU, Mckesson argued that his First Amendment rights protected him from such claims, but the 5th U.S. Circuit Court of Appeals disagreed in 2023.
The protest, part of nationwide demonstrations over police interactions with Black individuals, erupted after Sterling’s death in a struggle with Baton Rouge police.
Officer Ford, tasked with making arrests during the protest, was struck by a thrown object, sustaining injuries. His lawsuit contends that McKesson, as the protest leader, should have foreseen the violence.
While Ford’s suit seeks damages, it also raises broader questions about protester accountability. The ruling could make protest leaders liable for the actions of attendees, potentially stifling activism. Some legal scholars fear this outcome might curb efforts for societal change.
Despite parallels drawn to historic civil rights marches, dissenting opinions and ongoing legal battles underscore the complexities.
The case has implications beyond McKesson’s individual situation, shaping the legal landscape for future protests and activism.
Mckesson’s case highlights the tension between the right to protest and concerns over public safety. While protests serve as a cornerstone of democracy, balancing free expression with accountability remains a challenge.
