Mckesson v. Doe, 592 U.S. __ (2020), was a decision by the U.S. Supreme Court that temporarily halted a lawsuit by a police officer against an activist associated with the Black Lives Matter movement, and instructed the lower federal court (the Court of Appeals for the Fifth Circuit) to seek clarification of state law from the Louisiana Supreme Court. At issue was whether the activist, DeRay Mckesson, could be liable under Louisiana tort law for injuries caused by other people at a protest. Mckesson had argued that the First Amendment's protection of freedom of assembly should block the lawsuit entirely. The Court's decision to instead redirect the tort law issue to the Louisiana Supreme Court means that the constitutional question was delayed or avoided.
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| - Mckesson v. Doe, 592 U.S. __ (2020), was a decision by the U.S. Supreme Court that temporarily halted a lawsuit by a police officer against an activist associated with the Black Lives Matter movement, and instructed the lower federal court (the Court of Appeals for the Fifth Circuit) to seek clarification of state law from the Louisiana Supreme Court. At issue was whether the activist, DeRay Mckesson, could be liable under Louisiana tort law for injuries caused by other people at a protest. Mckesson had argued that the First Amendment's protection of freedom of assembly should block the lawsuit entirely. The Court's decision to instead redirect the tort law issue to the Louisiana Supreme Court means that the constitutional question was delayed or avoided. (en)
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| - DeRay Mckesson v. John Doe (en)
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| - questions of state law certified to the Louisiana Supreme Court, (5th Cir. 2021) (en)
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| - DeRay Mckesson v. John Doe (en)
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| - Under the facts of this case, uncertain state tort law should be resolved by the state supreme court before federal courts decide whether application of that law would violate the First Amendment. (en)
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| - 25920.0 (second)
- 259200.0 (second)
- Mckesson v. Doe, 592 U.S. __, 141 S.Ct. 48 (en)
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| - . . .the Complaint fails to state a plausible claim for relief against Mckesson and it names as a Defendant a social movement . . ."# BlackLivesMatter" — a hashtag — lacks the capacity to be sued. . . (en)
- The novelty of the claim at issue here only underscores that "[w]arnings against premature adjudication of constitutional questions bear heightened attention when a federal court is asked to invalidate a State's law." The Louisiana Supreme Court, to be sure, may announce the same duty as the Fifth Circuit. But under the unusual circumstances we confront here, we conclude that the Fifth Circuit should not have ventured into so uncertain an area of tort law—one laden with value judgments and fraught with implications for First Amendment rights— without first seeking guidance on potentially controlling Louisiana law from the Louisiana Supreme Court. We express no opinion on the propriety of the Fifth Circuit certifying or resolving on its own any other issues of state law that the parties may raise on remand. (en)
- Just as there is no "hate speech" exception to the First Amendment, "negligent" speech is also constitutionally protected. And under Claiborne Hardware , raucous public protest— even "impassioned" and "emotionally charged" appeals for the use of force—is protected unless clearly intended to, and likely to, spark immediate violence. (en)
- We perceive no constitutional issue with Mckesson being held liable for injuries caused by a combination of his own negligent conduct and the violent actions of another that were foreseeable as a result of that negligent conduct. The permissibility of such liability is a standard aspect of state law. . .There is no indication in Claiborne Hardware or subsequent decisions that the Supreme Court intended to restructure state tort law by eliminating this principle of negligence liability. (en)
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| - Mckesson v. Doe, 592 U.S. __ (2020), was a decision by the U.S. Supreme Court that temporarily halted a lawsuit by a police officer against an activist associated with the Black Lives Matter movement, and instructed the lower federal court (the Court of Appeals for the Fifth Circuit) to seek clarification of state law from the Louisiana Supreme Court. At issue was whether the activist, DeRay Mckesson, could be liable under Louisiana tort law for injuries caused by other people at a protest. Mckesson had argued that the First Amendment's protection of freedom of assembly should block the lawsuit entirely. The Court's decision to instead redirect the tort law issue to the Louisiana Supreme Court means that the constitutional question was delayed or avoided. (en)
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