Landmark Ruling In DeRay Mckesson Lawsuit Protects First Amendment Rights

A landmark ruling in the case against prominent civil rights activist DeRay Mckesson upholds that a protest organizer cannot be held responsible for another person's violent actions during the time of the rally.

Civil rights activist DeRay Mckesson will not be held responsible for injuries inflicted upon an officer during a 2016 protest, upholding his First Amendment rights.

On July 10, the U.S. District Court for the Middle District of Louisiana ruled in favor of Mckesson and, in turn, changed the landscape around a person’s right to protest. The court held that, legally, a protest organizer cannot be held responsible for injuries inflicted by another person’s violent behavior at the time of the outcry.

After an officer was injured during a protest organized by Mckesson to honor the life of Alton Sterling, the Black man shot and killed by two on-duty officers, on July 9, 2016, a lawsuit was filed against the prominent civil rights activist, claiming that he was a “negligent protest leader.”

“The goal of this lawsuit was to prevent people from showing up at a protest out of the fear that they might be held responsible if anything happens, which makes this decision a win not only for me but for all protest organizers and leaders across the country who are going to continue to show up and speak out. It’s heartening to know that the Constitution still protects our right to protest,” said Mckesson in a statement. “This has been a grueling eight-year process, and now that it is behind me, I can continue to channel all of my energy into the day-to-day work of envisioning a world beyond policing.”

BREAKING: A court ruled that prominent civil rights activist DeRay McKesson is not legally responsible for injuries inflicted by someone else at a protest he had organized.

This is a major win for our right to protest.
— ACLU (@ACLU) July 11, 2024

Previously, the Supreme Court refused to hear Doe v. Mckesson, sending the case back to the district court in April 2024. However, thanks to a statement emphasizing a similar case, the Court’s decision in Counterman v. Colorado, Justice Sonia Sotomayor argued that the ruling, which determined that “negligence can never be the proper standard when it comes to political speech and that intent is necessary for incitement,” should also “govern any future proceedings in this case.”

The district court agreed with Sotomayor’s statement. American Civil Liberties Union (ACLU) legal director David Cole noted that the Supreme Court has “long recognized that peaceful protesters cannot be held liable for the unintended, unlawful actions of others.”

“Cases like this are used as a scare tactic to stop communities from organizing with a fear of being held accountable for any and all actions that take place,” said Billy Gibbens, an attorney with Schonekas, Evans, McGoey & McEachin. “We are thrilled that this ruling protected the rights of DeRay Mckesson, and all organizers and protest leaders.”

Additional members of Mckesson’s legal team also celebrated the landmark ruling and its implications for the future protection of a person’s First Amendment rights.

“This win is not just important here in Louisiana, but across the nation,” said Donahue & Goldberg attorney David Goldberg. “It ensures the fundamental right to protest that this country was built upon stands strong.”

As Americans continue exercising their First Amendment rights, the ruling in Doe v. Mckesson affirms that protest leaders and organizers are neither liable nor responsible for another person’s actions during the events.