When a protest turns violent- who to blame?

Discussion in 'Civil Rights' started by modernpaladin, Jan 25, 2024.

  1. modernpaladin

    modernpaladin Well-Known Member Past Donor

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    The leader of the protest?

    It appears that it matter's whether you're Donald Trump or not...

    Take this example:

    "In 2016, Mckesson helped organize a protest near Baton Rouge’s police department building, following the fatal police shooting of Alton Sterling in that same Louisiana city. At some point during that protest, an unknown individual threw a rock or some other hard object at a police officer, identified in court documents by the pseudonym “Officer John Doe.” Sadly, the object hit Doe and allegedly caused “injuries to his teeth, jaw, brain, and head, along with other compensable losses.”

    There is no excuse for throwing a rock at another human being, and whoever did so should be held responsible for their illegal act, including serious criminal charges. But even Judge Jennifer Elrod, the author of the Fifth Circuit’s most recent opinion targeting Mckesson, admits that “it is clear that Mckesson did not throw the heavy object that injured Doe.”

    Nevertheless, Doe sued Mckesson, claiming that, as the organizer of the protest where this injury occurred, Mckesson should be liable for the illegal action of an unidentified protest attendee. But that is simply not how the First Amendment works. The Supreme Court held in NAACP v. Claiborne Hardware (1982) that “civil liability may not be imposed merely because an individual belonged to a group, some members of which committed acts of violence.”"

    A new Supreme Court case threatens to take away your right to protest (msn.com)

    The article goes on to lambast (and rightly so, IMO) the 'conservative', "MAGA" appeals court for using what clearly amounts to guilt by association to not only railroad a demonstration organizer but also precedentially FUBAR the 1st amendment. If all it takes is a few bad apples (or agent provacateurs) to render an entire group liable, political assembly will become impossible.

    ...but how is this different from how FedGov (and a sizeable portion of progressives) want to hold Trump 'liable' for the illegal actions of some Jan 6 'Stop The Steal' protest attendees? Seems to me its not different at all. Progs think Trump is guilty by association in precisely the same way 'conservative MAGA' appeals court thinks Mckesson is guilty by association. If you think not, please explain why and how...
     
    Last edited: Jan 25, 2024

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