In a decision on Monday, the Supreme Court revealed that it would not hear the appeal of Black Lives Matter activist DeRay Mckesson in a lawsuit filed against him by a Baton Rouge police officer. The lawsuit stems from an incident in July 2016, where the officer was struck in the head with an object during a protest.

The central question at hand was whether Mckesson, as the leader of the protest, could be held responsible for injuries caused by an unidentified individual, even if Mckesson did not authorize or directly incite the violent act. The incident occurred in the aftermath of the killing of Alton Sterling, a Black man, by a White police officer in Baton Rouge.

During the protest outside the Baton Rouge Police Department, the officer was hit in the face by a rock or piece of concrete thrown by an anonymous protester. The officer suffered significant injuries, including the loss of teeth and a brain injury. As a result, he filed a negligence lawsuit against Mckesson, arguing that the activist knew violence would occur but failed to control the crowd.

Represented by the American Civil Liberties Union, Mckesson contended that his actions were protected by the First Amendment of the U.S. Constitution. The case has navigated through the legal system, with a federal district court initially ruling in 2017 that Mckesson could not be sued. However, the U.S. Court of Appeals for the 5th Circuit overturned this decision and allowed the lawsuit to proceed. Mckesson subsequently appealed to the Supreme Court.

After the Louisiana Supreme Court determined that a protest leader could be held liable for negligence, the 5th Circuit, in June 2023, granted permission for the lawsuit against Mckesson to move forward. The divided appeals court argued that Mckesson had allegedly created "unreasonably unsafe conditions" by organizing the protest in front of the police station and failing to intervene when acts of looting and destruction occurred. Furthermore, Mckesson was accused of violating Louisiana law by leading the protest onto a public highway.

However, the Supreme Court's decision to not hear Mckesson's case does not indicate a stance on the merits of his claim. Justice Sonia Sotomayor, in a statement accompanying the denial of the appeal, referred to a First Amendment ruling from the previous year and expressed the expectation that the 5th Circuit would consider the impact of that decision in future proceedings relating to Mckesson's case.

As a result, the lawsuit against Mckesson will continue to progress through the lower courts, leaving ongoing questions regarding the liability of protest leaders in cases of violence and injury unsettled for now.