JUDGE WILLETT CHANGES HIS MIND. “Today, the U.S. Court of Appeals for the Fifth Circuit issued a revised opinion in Doe v. Mckesson, a tort suit against activist Deray Mckesson for allegedly inspiring protests that turned violent. The Fifth Circuit is allowing the suit to proceed, but Judge Don Willett has come to believe his colleagues are insufficiently sensitive the First Amendment implications of letting the suit go forward.”

Deray is garbage, but Willett is right to worry: “Holding Mckesson responsible for the violent acts of others because he ‘negligently’ led a protest that carried the risk of potential violence or urged the blocking of a road is impossible to square with Supreme Court precedent holding that only tortious activity meant to incite imminent violence, and likely to do so, forfeits constitutional protection against liability for violent acts committed by others. . . . Officer Doe put himself in harm’s way to protect his community (including the violent protestor who injured him). And states have undeniable authority to punish protest leaders and participants who themselves commit violence. The rock-hurler’s personal liability is obvious, but I do not believe that Mckesson’s is.”