Protesters march toward the Texas Capitol in Austin in May 2020 in solidarity with nationwide demonstrations and protests decrying police brutality.
Tara Grove, the Vinson & Elkins Chair in Law at the University of Texas School of Law, said the Fifth Circuit’s decision attempted to be very narrow by saying McKesson was not liable for another person’s actions, but that he was negligent in the way he led the protest. Goldberg and the ACLU cited a statement by justice Sonia Sotomayor on Monday saying that, although the high court declined to review the litigation, the denial “expresses no review about the merits of” the claim. Sotomayor also cited, a 2023 Supreme Court case, in which the ACLU said the U.S. Constitution “prohibits holding anyone liable for mere negligence when it comes to speech in any circumstance.
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