Blog
Our Best Bet—Legislating a Robust Right to Peaceably Assemble
Balkinization
11 Aug 2020
Abstract
In my last post, I suggested that McKesson v. Doe (5th Cir. 2019) provides an opportunity for the Supreme Court to clarify important First Amendment limits on policing angry and disruptive political crowds—even though the question presented concerns only First Amendment limits on civil liability for protest organizers. What I omitted was how easily the Court could postpone, even avoid, resolving these issues by certifying to the Louisiana Supreme Court the threshold question of whether state law imposes a duty on protest organizers to protect others from the criminal violence of individual protesters. This path, suggested by Judge Willet’s dissent, is available because the Fifth Circuit’s First Amendment ruling is predicated on the dubious finding that Officer Doe pled a plausible negligence claim under Louisiana law.
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Details
- Title
- Our Best Bet—Legislating a Robust Right to Peaceably Assemble
- Creators
- Tabatha A Abu El-Haj - Drexel University, Thomas R. Kline School of Law
- Publication Details
- Balkinization
- Resource Type
- Blog
- Academic Unit
- Thomas R. Kline School of Law
- Other Identifier
- 991022199150304721