Skip to main content


Activism


/
April 16, 2024

The court has decided to let the BLM activist be held liable for organizing a protest in 2016, endangering the right to dissent in three Southern states.

BLM activist DeRay McKesson is arrested during a protest after the murder of Alton Sterling by two white Baton Rouge police officers. (AP Photo / Max Becherer)

As Donald Trump appears in court this week for yet another trial—this time over his alleged hush money payments to actress Stormy Daniels and his attempts to cover the trail— it is common for whitewing sycophants to say that Trump is being “persecuted.” He’s not, of course. Trump is being prosecuted for his various alleged crimes and misdeeds. If he’d like to be prosecuted less, my suggestion would be to stop committing so many crimes or things that look like crimes. 

If you want to see somebody who is being persecuted, I suggest you look no further than DeRay McKesson. McKesson is an activist dedicated to ending police brutality. He’s been involved in the Black Lives Matter movement for nearly a decade, and for those efforts, he’s been relentlessly harassed by whites in the state of Louisiana and on the Fifth Circuit Court of Appeals. Now the Supreme Court has given the harassment its blessing.

In 2016, McKesson helped to organize a Black Lives Matter protest near the police headquarters in Baton Rouge, Louisiana, after the cops there murdered Alton Sterling, a 37-year-old Black man whom they shot six times, despite having pinned him to the ground and utterly immobilized him. During that protest, somebody threw a rock. That rock struck a police officer, severely injuring him. 

Nobody knows who threw the rock. McKesson doesn’t know, I don’t know (though, if I did, I wouldn’t tell you, because I am too pretty for stitches). The rock-thrower has never been found. For all we know, the person who threw the rock wasn’t even aligned with the protesters: it could have been a counter-protester with poor aim throwing rocks at Black Lives Matter, or it could have been a false-flag person trying to incite violence to make the protesters look bad. Or it could have been a protester trying to throw rocks at the police. We don’t know.

Nevertheless, the police officer who was struck by the rock, who is known only as John Doe, sued McKesson for inciting a riot. McKesson neither had rocks, threw rocks, or told protesters to “come armed with rocks, just in case,” but McKesson is the one the police charged with a crime. By focusing on McKesson and not, you know, the rock-thrower, the somewhat obvious attempt here is to discourage people from protesting the police. McKesson has been fighting this lawsuit for seven years, incurring significant legal bills, while every other activist and organizer looks on to see if they’re next. 

Intelligent readers might be asking “but doesn’t the First Amendment protect your right to organize a protest?” And my answer to that is “sure, unless you’re Black.” McKesson moved to have the case against him dismissed on First Amendment grounds. For precedent, McKesson relied on a 1982 Supreme Court case called NAACP v. Claiborne. That case arose from one of the other times white folks have gotten mad at Black people for protesting. In 1966, the NAACP organized a boycott of white businesses in Claiborne County, Mississippi. In 1969, the business owners sued arguing that threats of violence against their businesses cost the white folks money. The business owners tried to hold the NAACP (which did not make threats of violence against the businesses) liable for the threats made by others. 

See also  Racial disparities in voter turnout have grown since court ruling, study says : NPR

The Supreme Court unanimously rejected the white business owners’ arguments—in 1982. What this meant is that he white business owners were able to hold this threat of liability over the NAACP for over a decade. When the free speech of Black people is on the line, suddenly the First Amendment is made of molasses. 

That’s the situation McKesson is facing now. After a lot of procedural back-and-forth between the Louisiana state court, the Fifth Circuit Court of Appeals, and the Supreme Court, the Fifth Circuit eventually rejected many of John Doe’s claims against McKesson (like the completely unsupported claim that McKesson colluded with the rock-thrower who, again, nobody freaking knows). But the court left one claim intact: that McKesson was negligent in organizing a protest near a police station and thus should have been aware that violence was likely. McKesson appealed that ruling too, but on Monday, the Supreme Court declined to hear his appeal. 

We know this new standard the Supreme Court declined to abolish—the idea that protesting near a place that makes people angry is inherently negligent—is one that is intended to only be applied to Black people. We know that because of Donald Trump. Unlike McKesson, Trump did arguably try to incite a violent riot at the Capitol on January 6. His rioters injured many people, including police officers. Officers like Michael Fanone who were savagely beaten by pro-Trump forces on that day did not sue Trump for damages, because they couldn’t. Under the First Amendment, or at least the First Amendment as it is applied to white people, Trump’s actions were not the cause of the officers’ injuries. Trump, for all the things he did say, did not say “beat some officers to death.” What Trump is being charged for on January 6 is obstruction of Congress, not negligently inciting a riot. That’s despite the fact that he is far more culpable for the injuries suffered on January 6 than McKesson is for anything that happened in Louisiana. 

If the obvious racism of the Fifth Circuit ruling—and the Supreme Court’s decisions to let it stand—doesn’t outrage you, perhaps the raw stupidity of this standard will. As Judge Don Willet pointed out in his dissent from the Fifth Circuit’s ruling, under this new standard anybody can show up at a protest they disagree with, cause some violence, and wait for the protest’s organizers to be sued into oblivion. I could go to a Trump rally, sling some rocks around, and wait for Trump to be sued by injured rally-goers. Or Steve Bannon could go to a Joe Biden rally swinging empty gin bottles around until someone sued the president. The standard is simply chaotic. No protest organizer can be responsible for every single thing a protester does, or prevent people who are actively hostile to the cause from showing up and wreaking havoc. 

See also  Can Louisiana Use the Treasurer’s Place of job to Spend money on the Operating Magnificence?

The upshot of this new standard is to essentially end the right to organized protests in the three states covered by the Fifth Circuit Ruling: Louisiana, Mississippi, and Texas. I don’t think I’m breaking news here to say that protest organizers are generally not the most well-subsidized people. If organizers and activists are on the hook for everything done in their name, including things done by people who are potentially trying to undermine their organizations, then they simply cannot organize protests. 

That reality might be exactly what white folks in Louisiana are looking for, but I think the Supreme Court will eventually put a stop to it. In theory, at least, this standard can be used against white protesters as easily as it can be against Black people, so the court is likely to overturn it. Someday. Eventually. After McKesson is tried in Louisiana, appeals the ruling, exhausts his finances, and has been distracted from his mission for a decade by this facially ridiculous infringement on his First Amendment rights, the Supreme Court will finally overrule the standard he is being persecuted under. 

As Toni Morrison says: “The function, the very serious function of racism is distraction. It keeps you from doing your work.” The point of these racist decisions from Louisiana, the Fifth Circuit, and the Supreme Court is to keep McKesson, Black Lives Matter, activists, organizers, and all those who oppose police brutality distracted from the serious work at hand.

I can prove that. The officers who shot Alton Sterling six times while he was face down are named Blane Salamoni and Howie Lake II. Neither of them were charged with a crime. An investigation by Louisiana Attorney General Jeff Landry found that the officers acted “reasonably” while killing a Black man who had been pinned to the ground. Both of the officers were eventually fired from the force, but one of them, Salamoni, appealed his dismissal, won, and was allowed to retire instead of being fired. The Department of Justice, under then-Attorney General Jeff Sessions, declined to bring charges against the officers or the Louisiana Police Department. The Sterling family quietly settled their wrongful death suit against the city of Baton Rouge for $4.5 million in 2021.

See also  Case In opposition to Racially Gerrymandered Cobb County Faculty Board Map to Transfer Ahead

The only person still being held accountable in connection with the death of Alton Sterling is… DeRay McKesson. 

Thank you for reading The Nation!

We hope you enjoyed the story you just read. It’s just one of many examples of incisive, deeply-reported journalism we publish—journalism that shifts the needle on important issues, uncovers malfeasance and corruption, and uplifts voices and perspectives that often go unheard in mainstream media. For nearly 160 years, The Nation has spoken truth to power and shone a light on issues that would otherwise be swept under the rug.

In a critical election year as well as a time of media austerity, independent journalism needs your continued support. The best way to do this is with a recurring donation. This month, we are asking readers like you who value truth and democracy to step up and support The Nation with a monthly contribution. We call these monthly donors Sustainers, a small but mighty group of supporters who ensure our team of writers, editors, and fact-checkers have the resources they need to report on breaking news, investigative feature stories that often take weeks or months to report, and much more.

There’s a lot to talk about in the coming months, from the presidential election and Supreme Court battles to the fight for bodily autonomy. We’ll cover all these issues and more, but this is only made possible with support from sustaining donors. Donate today—any amount you can spare each month is appreciated, even just the price of a cup of coffee.

The Nation does not bow to the interests of a corporate owner or advertisers—we answer only to readers like you who make our work possible. Set up a recurring donation today and ensure we can continue to hold the powerful accountable.

Thank you for your generosity.

Elie Mystal



Elie Mystal is The Nation’s justice correspondent and the host of its legal podcast, Contempt of Court. He is also an Alfred Knobler Fellow at the Type Media Center. His first book is the New York Times bestseller Allow Me to Retort: A Black Guy’s Guide to the Constitution, published by The New Press. Elie can be followed @ElieNYC.



Source link

Felecia Phillips Ollie DD (h.c.) is the inspiring leader and founder of The Equality Network LLC (TEN). With a background in coaching, travel, and a career in news, Felecia brings a unique perspective to promoting diversity and inclusion. Holding a Bachelor's Degree in English/Communications, she is passionate about creating a more inclusive future. From graduating from Mississippi Valley State University to leading initiatives like the Washington State Department of Ecology’s Equal Employment Opportunity Program, Felecia is dedicated to making a positive impact. Join her journey on our blog as she shares insights and leads the charge for equity through The Equality Network.

62 Comments

  • Strategic thinking resembling an account-based approach – focused and impactful.

  • Every time I visit your website, I’m greeted with thought-provoking content and impeccable writing. You truly have a gift for articulating complex ideas in a clear and engaging manner.

  • What i do not understood is in truth how you are not actually a lot more smartlyliked than you may be now You are very intelligent You realize therefore significantly in the case of this topic produced me individually imagine it from numerous numerous angles Its like men and women dont seem to be fascinated until it is one thing to do with Woman gaga Your own stuffs nice All the time care for it up

  • ●️꽁타●www.️ggongto.com✔️꽁타✔ [야구] 4월14일 10:40 MLB 시애틀 vs 컵스 +0

  • rhdajsl says:

    ●️꽁타●www.️ggongto.com✔️꽁타✔ [축구] 4월13일 23:00 잉글랜드 챔피언쉽 밀월 FC vs 카디프 시티 +0

  • 꽁 머니 says:

    ●️꽁타●www.️ggongto.com✔️꽁타✔ [축구] 4월16일 01:30 세리에A 피오렌티나 vs 제노아 +0

  • Brenna Fadel says:

    Simply desire to say your article is as surprising The clearness in your post is simply excellent and i could assume you are an expert on this subject Fine with your permission let me to grab your feed to keep up to date with forthcoming post Thanks a million and please carry on the gratifying work

  • Jermain Huel says:

    Hi Neat post There is a problem along with your website in internet explorer would test this IE still is the market chief and a good section of other folks will pass over your magnificent writing due to this problem

  • Thank you for the auspicious writeup It in fact was a amusement account it Look advanced to far added agreeable from you However how can we communicate

  • Thanks I have recently been looking for info about this subject for a while and yours is the greatest I have discovered so far However what in regards to the bottom line Are you certain in regards to the supply

  • Creola Bode says:

    I am not sure where youre getting your info but good topic I needs to spend some time learning much more or understanding more Thanks for magnificent info I was looking for this information for my mission

  • Ive read several just right stuff here Certainly price bookmarking for revisiting I wonder how a lot effort you place to create this kind of great informative website

  • Hello Neat post Theres an issue together with your site in internet explorer would check this IE still is the marketplace chief and a large element of other folks will leave out your magnificent writing due to this problem

  • Mona Grant says:

    Hi Neat post Theres an issue together with your web site in internet explorer may test this IE still is the marketplace chief and a good component of people will pass over your fantastic writing due to this problem

  • of course like your website but you have to check the spelling on several of your posts A number of them are rife with spelling issues and I in finding it very troublesome to inform the reality on the other hand I will certainly come back again

  • you are truly a just right webmaster The site loading speed is incredible It kind of feels that youre doing any distinctive trick In addition The contents are masterwork you have done a great activity in this matter

  • Hey there You have done a fantastic job I will certainly digg it and personally recommend to my friends Im confident theyll be benefited from this site

  • Summer Koch says:

    Your blog is a constant source of inspiration for me. Your passion for your subject matter is palpable, and it’s clear that you pour your heart and soul into every post. Keep up the incredible work!

  • Your blog is a testament to your dedication to your craft. Your commitment to excellence is evident in every aspect of your writing. Thank you for being such a positive influence in the online community.

  • What i dont understood is in reality how youre now not really a lot more smartlyfavored than you might be now Youre very intelligent You understand therefore significantly in terms of this topic produced me personally believe it from a lot of numerous angles Its like women and men are not interested except it is one thing to accomplish with Woman gaga Your own stuffs outstanding Always care for it up

  • I simply could not go away your web site prior to suggesting that I really enjoyed the standard info a person supply on your guests Is going to be back incessantly to investigate crosscheck new posts

  • Wow amazing blog layout How long have you been blogging for you made blogging look easy The overall look of your web site is magnificent as well as the content

  • Your writing is not only informative but also incredibly inspiring. You have a knack for sparking curiosity and encouraging critical thinking. Thank you for being such a positive influence!

  • I was suggested this web site by my cousin Im not sure whether this post is written by him as no one else know such detailed about my trouble You are incredible Thanks

  • I loved as much as youll receive carried out right here The sketch is attractive your authored material stylish nonetheless you command get bought an nervousness over that you wish be delivering the following unwell unquestionably come more formerly again as exactly the same nearly a lot often inside case you shield this hike

  • My brother suggested I might like this blog He was totally right This post actually made my day You can not imagine simply how much time I had spent for this info Thanks

  • Jada Dach says:

    Your blog is a constant source of inspiration for me. Your passion for your subject matter shines through in every post, and it’s clear that you genuinely care about making a positive impact on your readers.

  • Larue Mante says:

    I have read some excellent stuff here Definitely value bookmarking for revisiting I wonder how much effort you put to make the sort of excellent informative website

  • Lou Hartmann says:

    Wonderful web site Lots of useful info here Im sending it to a few friends ans additionally sharing in delicious And obviously thanks to your effort

  • tempmail says:

    Your blog is like a beacon of light in the vast expanse of the internet. Your thoughtful analysis and insightful commentary never fail to leave a lasting impression. Thank you for all that you do.

  • cerebrozen says:

    I am as enamored with your work as you are. Your sketch is beautiful and your written material is wonderful. Yet, you may be concerned that you will be doing something strange in the times ahead. I agree that you will resolve this soon.

  • obviously like your website but you need to test the spelling on quite a few of your posts Several of them are rife with spelling problems and I to find it very troublesome to inform the reality on the other hand Ill certainly come back again

  • Your blog has quickly become my go-to source for reliable information and thought-provoking commentary. I’m constantly recommending it to friends and colleagues. Keep up the excellent work!

  • certainly like your website but you need to take a look at the spelling on quite a few of your posts Many of them are rife with spelling problems and I find it very troublesome to inform the reality nevertheless I will definitely come back again

  • Your positivity is contagious, creating an uplifting atmosphere in the workplace.

  • I just could not depart your web site prior to suggesting that I really loved the usual info an individual supply in your visitors Is gonna be back regularly to check up on new posts

  • Its like you read my mind You appear to know so much about this like you wrote the book in it or something I think that you can do with a few pics to drive the message home a little bit but other than that this is fantastic blog A great read Ill certainly be back

  • Wow superb blog layout How long have you been blogging for you make blogging look easy The overall look of your site is magnificent as well as the content

  • I just could not depart your web site prior to suggesting that I really loved the usual info an individual supply in your visitors Is gonna be back regularly to check up on new posts

  • Contributions resembling an optimized SEO strategy – helping us rise to the top.

  • Enthusiasm for collaboration reminiscent of a successful event marketing campaign – bringing people together.

  • I was suggested this web site by my cousin Im not sure whether this post is written by him as no one else know such detailed about my trouble You are incredible Thanks

  • Commitment to quality comparable to a successful content marketing strategy – delivering value consistently.

  • I loved as much as you will receive carried out right here The sketch is tasteful your authored subject matter stylish nonetheless you command get got an edginess over that you wish be delivering the following unwell unquestionably come further formerly again as exactly the same nearly very often inside case you shield this hike

  • Support says:

    Wonderful web site Lots of useful info here Im sending it to a few friends ans additionally sharing in delicious And obviously thanks to your effort

  • Optimism that brightens up the workplace like a sunny day.

  • you are truly a just right webmaster The site loading speed is incredible It kind of feels that youre doing any distinctive trick In addition The contents are masterwork you have done a great activity in this matter

  • Transparency says:

    Solutions-oriented approach executed like a well-crafted solution selling technique.

  • Empathy says:

    Project coordination skills executed like a well-managed CRM – organized and effective.

  • Oil change says:

    I just could not depart your web site prior to suggesting that I really loved the usual info an individual supply in your visitors Is gonna be back regularly to check up on new posts

  • Leadership style guiding the team to success, much like a well-executed marketing plan.

  • of course like your website but you have to check the spelling on several of your posts A number of them are rife with spelling issues and I in finding it very troublesome to inform the reality on the other hand I will certainly come back again

  • Somebody essentially help to make significantly articles Id state This is the first time I frequented your web page and up to now I surprised with the research you made to make this actual post incredible Fantastic job

  • phonecase says:

    Thank you I have just been searching for information approximately this topic for a while and yours is the best I have found out so far However what in regards to the bottom line Are you certain concerning the supply

  • phonecase says:

    Its like you read my mind You appear to know so much about this like you wrote the book in it or something I think that you can do with a few pics to drive the message home a little bit but instead of that this is excellent blog A fantastic read Ill certainly be back

  • phone skin says:

    Fantastic site A lot of helpful info here Im sending it to some buddies ans additionally sharing in delicious And naturally thanks on your sweat

  • phonecase says:

    Wonderful beat I wish to apprentice while you amend your web site how could i subscribe for a blog web site The account aided me a acceptable deal I had been a little bit acquainted of this your broadcast provided bright clear idea

  • phone skin says:

    Its like you read my mind You appear to know so much about this like you wrote the book in it or something I think that you can do with a few pics to drive the message home a little bit but instead of that this is excellent blog A fantastic read Ill certainly be back

  • Wow superb blog layout How long have you been blogging for you make blogging look easy The overall look of your site is magnificent as well as the content

  • phone case says:

    Wonderful web site Lots of useful info here Im sending it to a few friends ans additionally sharing in delicious And obviously thanks to your effort

  • phonecase says:

    Usually I do not read article on blogs however I would like to say that this writeup very compelled me to take a look at and do it Your writing style has been amazed me Thank you very nice article

  • case skin says:

    I have been browsing online more than three hours today yet I never found any interesting article like yours It is pretty worth enough for me In my view if all website owners and bloggers made good content as you did the internet will be a lot more useful than ever before

Leave a Reply

https://coburnforsenate.com/
https://mts-mqtebuireng.sch.id/
https://hotelarjuna.com/
http://espanahijos.com/
https://kimkartoharjo.madiunkota.go.id/
https://sites.google.com/view/oceania-harvard-sig/about
https://sites.google.com/view/enigmaths/home
https://sites.google.com/view/microdosingpsychedelics/home
https://sites.google.com/view/braddockgrease/home
https://sites.google.com/view/donaldgrasse/home
https://sites.google.com/view/cleanwharfeilkley/home
https://sites.google.com/view/uptownchristmastrees/
https://sites.google.com/view/schev-tempsite/home
https://lewesbonfire2018.blogspot.com/
https://moviemunn.blogspot.com/
https://runopolis.blogspot.com/
https://bestonlinedrugstore.blogspot.com/
https://hambos2novel.blogspot.com/
https://federasty.blogspot.com/
https://business-writer.blogspot.com/
https://changetheagenda.blogspot.com/
https://mschangart.weebly.com/
https://igleceldom.weebly.com/
https://tylercoverdale.weebly.com/
https://compassionatestanford.weebly.com/
https://laurelryohe.weebly.com/
https://uwmicrophiles.weebly.com/
https://roll4rock.weebly.com/
https://travellerchris.weebly.com/
https://gwynllyw.weebly.com/
https://billsantiago.weebly.com/
https://latinocaucus.weebly.com/
https://communitiesconnectingforchildren.weebly.com/
https://redmoonpathways.weebly.com/
https://urangcianjur.weebly.com/
https://vtsbl.weebly.com/
https://rickmountshootingschool.weebly.com/
https://forthamiltoncommunityclub.weebly.com/
https://edsupportgroup.weebly.com/
https://susans-words2.weebly.com/
https://kadiehenderson.weebly.com/
https://parmatours.weebly.com/
https://tractgames.weebly.com/
https://hazratkhateeb-e-azam.weebly.com/
https://financialsupport.weebly.com/
https://debraperrone.weebly.com/
https://barcelonaplanetfilmfestival.weebly.com/
https://aplusc.weebly.com/
mikatoto
SENGTOTO
SENGTOTO
SITUS EVOSTOTO
LOGIN EVOSTOSO