"The case against DeRay Mckesson is a threat to people’s right to protest"

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DeRay Mckesson has been one of the more visible faces of the Black Lives Matter movement, even if there is some disagreement within the organization’s inner circle about whether the former Baltimore mayoral candidate’s role is overrated. Regardless, Mr. Mckesson has been deemed important enough to be the target of a lawsuit by a police officer who blames him for injuries suffered at a protest in Baton Rouge, Louisiana, three years ago.

Mr. Mckesson was definitely on hand for the protest held after the killing of Alton Sterling, a black man who was shot several times by police while selling CDs outside of a convenience store, and he even helped lead protesters to block a highway near police headquarters. There’s plenty of video to prove it.

What Mr. Mckesson didn’t do was hurl the piece of concrete that pushed over the police officer, known as John Doe in the lawsuit for his protection, and knocked out his teeth. No one could figure out who did that, but because Mr. Mckesson was highly visible at the march, the officer holds him responsible for his injuries, which were also afflicted to his jaw, brain and head.

In a blow to protesters everywhere, a federal appeals court earlier this month allowed the officer’s lawsuit seeking damages from Mr. Mckesson to proceed.

The decision by the 5th U.S. Circuit Court of Appeals is a disappointment and endorsement of an old tactic to use the courts to scare and silence protesters. It goes against Supreme Court precedent that has ruled public protest is protected under the First Amendment. (That’s probably why the case has gone largely under the radar. No one took it all that seriously.) In fact, a federal district judge first dismissed the lawsuit on First Amendment grounds before the higher court overturned that decision. The decision has the potential to set a bad precedent and hamstring future protests meant to bring attention to injustices like police brutality. It also brings to question how much responsibility protest leaders bear for other people’s actions.

The officer in court documents blamed Mr. Mckesson for doing nothing to calm the crowd and prevent the violence. He said the activist incited the riots and was seen and heard giving orders “throughout the day and night of the protests,” according to court documents. The lawsuit also claims that Mr. Mckesson and other Black Lives Matter leaders should have known violence would erupt and people could get hurt given the outcome of other protests they had led.

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