Judge warns revival of suit against Black Lives Matter organizer 'imperils' First Amendment
By Gary Grumbach
Published on March 20, 2026.
A federal appeals court judge has warned that the decision to revive a lawsuit against DeRay Mckesson, a Black Lives Matter activist, could threaten First Amendment rights. The decision was made in a 2-1 decision by a three-judge appeals panel in the Fifth Circuit Court of Appeals. The case relates to a 2016 protest in Baton Rouge, Louisiana, where an officer was injured by a rock-like object thrown by an unknown individual. Mickesson, who organized the protest, has been accused of negligence and has called the lawsuit "ludicrous". The majority opinion, by Edith H. Jones and Andrew Oldham, found that years of back-and-forth in the legal system were enough to determine whether Ford would win, he deserved the trial.
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