The Supreme Court effectively abolishes the right to mass protest in three US states
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 30, 2024, 12:51:03 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Politics
  U.S. General Discussion (Moderators: The Dowager Mod, Chancellor Tanterterg)
  The Supreme Court effectively abolishes the right to mass protest in three US states
« previous next »
Pages: [1]
Author Topic: The Supreme Court effectively abolishes the right to mass protest in three US states  (Read 295 times)
jojoju1998
1970vu
Junior Chimp
*****
Posts: 6,579
United States


Show only this user's posts in this thread
« on: April 17, 2024, 08:12:51 AM »

https://www.vox.com/scotus/24080080/supreme-court-mckesson-doe-first-amendment-protest-black-lives-matter

"The Supreme Court announced on Monday that it will not hear Mckesson v. Doe. The decision not to hear Mckesson leaves in place a lower court decision that effectively eliminated the right to organize a mass protest in the states of Louisiana, Mississippi, and Texas.

Under that lower court decision, a protest organizer faces potentially ruinous financial consequences if a single attendee at a mass protest commits an illegal act."
Logged
John Dule
Atlas Icon
*****
Posts: 18,409
United States


Political Matrix
E: 6.57, S: -7.50

P P P
Show only this user's posts in this thread
« Reply #1 on: April 17, 2024, 08:47:14 AM »

Logged
Never Made it to Graceland
Crane
Atlas Politician
Junior Chimp
*****
Posts: 9,468
Israel


Political Matrix
E: -8.16, S: 3.22

P

Show only this user's posts in this thread
« Reply #2 on: April 17, 2024, 08:48:20 AM »

Bull Connor lives.
Logged
gerritcole
goatofalltrades
Jr. Member
***
Posts: 1,976


Show only this user's posts in this thread
« Reply #3 on: April 17, 2024, 09:06:54 AM »

As with most legal cases posted to this board im sure this is a misinterpretation of a narrow legal decision that affects niche situations
Logged
Libertas Vel Mors
Haley/Ryan
YaBB God
*****
Posts: 4,338
United States


Political Matrix
E: 9.03, S: -0.17

Show only this user's posts in this thread
« Reply #4 on: April 17, 2024, 09:12:32 AM »

As with most legal cases posted to this board im sure this is a misinterpretation of a narrow legal decision that affects niche situations

Evergreen quote.
Logged
SWE
SomebodyWhoExists
Atlas Icon
*****
Posts: 13,315
United States


P P P
Show only this user's posts in this thread
« Reply #5 on: April 17, 2024, 09:26:38 AM »

As with most legal cases posted to this board im sure this is a misinterpretation of a narrow legal decision that affects niche situations
Sort of.

SCOTUS didn't affirmatively do anything, they just chose not to hear this particular case. The law in question allows a person to sue the organizers of a protest for the conduct of anyone at the protest. Thus, the lower courts ruling stands in the 5th Circuit for the time being. That doesn't mean that SCOTUS endorsed that decision as constitutional, it just means that that question is left for another day. The 5th Circuit's opinion is very obviously egregiously wrong and I have a hard time seeing the current SCOTUS not reversing it if/when they do hear this issue. However, as Sotomayor pointed out in her statement here, the 5th Circuit ruling came out before SCOTUS published Counterman v Colorado, which is really, really hard to square with the 5th Circuit's ruling ((not necessarily impossible, there's distinctions - Counterman was a criminal case, for instance, but I don't think SCOTUS would take seriously most arguments to distinguish it), so it's not even clear that the 5th Circuit opinion is controlling in even the 5th Circuit post-Counterman

My interpretation is that SCOTUS is giving the 5th Circuit a chance to take into account Counterman, in which case this law is already dead. If they continue ignoring the First Amendment, SCOTUS will probably then step in to overturn the law
Logged
gerritcole
goatofalltrades
Jr. Member
***
Posts: 1,976


Show only this user's posts in this thread
« Reply #6 on: April 17, 2024, 09:45:48 AM »

As with most legal cases posted to this board im sure this is a misinterpretation of a narrow legal decision that affects niche situations
Sort of.

SCOTUS didn't affirmatively do anything, they just chose not to hear this particular case. The law in question allows a person to sue the organizers of a protest for the conduct of anyone at the protest. Thus, the lower courts ruling stands in the 5th Circuit for the time being. That doesn't mean that SCOTUS endorsed that decision as constitutional, it just means that that question is left for another day. The 5th Circuit's opinion is very obviously egregiously wrong and I have a hard time seeing the current SCOTUS not reversing it if/when they do hear this issue. However, as Sotomayor pointed out in her statement here, the 5th Circuit ruling came out before SCOTUS published Counterman v Colorado, which is really, really hard to square with the 5th Circuit's ruling ((not necessarily impossible, there's distinctions - Counterman was a criminal case, for instance, but I don't think SCOTUS would take seriously most arguments to distinguish it), so it's not even clear that the 5th Circuit opinion is controlling in even the 5th Circuit post-Counterman

My interpretation is that SCOTUS is giving the 5th Circuit a chance to take into account Counterman, in which case this law is already dead. If they continue ignoring the First Amendment, SCOTUS will probably then step in to overturn the law

i get that scotus punted and there's no actual decision here except the 5th circuit decision standing for now. i just don't think the 5th cirucit overruled the 1st amendment lmao, im no lawyer and def dont have time/the brain to read this decision but im sure there's more nuance here than everyone's favorite conservative circuit court striking down the 1st amendment
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.032 seconds with 11 queries.