In a move that shocked civil rights observers and advocates, organizers, and activists, the Supreme Court last month declined to hear McKesson v. Doe, effectively upholding a lower court ruling that according to the American Civil Liberties Union, can make protest organizers “liable for the independent, violent actions of others based on nothing more than a showing of negligence.”
The case stems from a 2016 Black Lives Matter protest in Baton Rouge, Louisiana, following the fatal police shooting of Alton Sterling. An unnamed police officer who was injured during the demonstration sued DeRay McKesson, a prominent Black Lives Matter activist, arguing that as the protest organizer, McKesson should be held responsible for the officer’s injuries.
The Fifth Circuit Court of Appeals ruled in favor of the officer, allowing protest organizers to be sanctioned for illegal actions by protest attendees—even if the actions weren’t directed by the organizers. While the ruling does not ban nationwide protests, it has effectively eliminated the right to organize a mass protest in the states of Louisiana, Texas, and Mississippi that are covered by the Fifth Circuit. Organizers say that while the case was initially intended to target the Black Lives Matter movement, the lower court ruling impacts thousands of organizers as protests for Palestine build momentum across the U.S.
“I can’t imagine there not being an underlying motive, be it Palestine or otherwise,” said Zynub Al-Sherri, the president and founder of the Palestinian Arts and Culture Club at the University of Mississippi. “How do you expect a single person or group of individuals to control the individual actions of hundreds or even thousands? The right to protest without severe consequences is something that my family lacks in Palestine due to Israel, but it’s something we loved about this country. It’s disheartening that we’re adopting Israeli policies that restrict freedom within our government against our own people.”
Black civil rights advocacy and Palestinian solidarity have long been interconnected. The Movement for Black Lives condemned Israel’s “deadly, racist attacks against the Palestinian people,” and Palestinians have supported the Movement for Black Lives. The history is deep-seated. Malcolm X advocated for Palestinians’ right to return to their home country and Black activists continue to recognize the joint struggle in fighting the police state.
“I am so glad that recently so much light has been shed on Palestine,” said Ayah Hamdan, the president of Students for Justice in Palestine at Louisiana State University. “Being Palestinian, I was well aware of the occupation since I was born, but realizing that my fellow peers were not aware of the occupation and massacres that the U.S. and Israel have inflicted on the Palestinian people, it has opened people’s minds.”
Organizers say the recent changes in protest laws will not stop their activism, but counter-protests or hecklers remain a concern.
“I see these changes as an attempt to restrict freedom of expression and discourage participation in demonstrations,” said Fadeya Risheq, a volunteer for Texas for Palestine. “We’ve been organizing peaceful rallies for years without major challenges. The only potential issue could arise from infiltrators within the rallies, which is something beyond the control of the organizers.”
It remains to be seen how the Fifth Circuit ruling will impact organizers’ ability to exercise their First Amendment rights. In the meantime, protest organizers in affected states are taking extra precautions to ensure the safety and conduct of protest participants. According to experts, organizers should also seek legal counsel if they have concerns about potential liability.
“I think this support for Palestine will only continue to grow, and I think the more the government attempts to silence us with policies like this, the louder we’ll get,” Al-Sherri said. “More are realizing that the vast majority of states in this country have laws that prohibit the boycott of Israel. I think we can all agree that Americans should come first, and no foreign government should ever have that much control over our decision-making as a country. I mean, taxpayers are sending them billions every year … while there are areas in my home state of Mississippi that don’t have access to a grocery store or other basic necessities for survival.”
