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sophia-zofia · 9 days
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eternal--returned · 16 days
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Sheila Pree Bright ֍ 1960 Now (#ATLisReady and Black Lives Matter Atlanta Chapter Protest Shootings of Philando Castile and Alton Sterling, Atlanta, GA) (2016)
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Ian Millhiser at Vox:
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.
It is possible that this outcome will be temporary. The Court did not embrace the United States Court of Appeals for the Fifth Circuit’s decision attacking the First Amendment right to protest, but it did not reverse it either. That means that, at least for now, the Fifth Circuit’s decision is the law in much of the American South. For the past several years, the Fifth Circuit has engaged in a crusade against DeRay Mckesson, a prominent figure within the Black Lives Matter movement who organized a protest near a Baton Rouge police station in 2016. The facts of the Mckesson case are, unfortunately, quite tragic. Mckesson helped organize the Baton Rouge protest following the fatal police shooting of Alton Sterling. During that protest, an unknown individual threw a rock or similar object at a police officer, the plaintiff in the Mckesson case who is identified only as “Officer John Doe.” Sadly, the officer was struck in the face and, according to one court, suffered “injuries to his teeth, jaw, brain, and head.”
Everyone agrees that this rock was not thrown by Mckesson, however. And the Supreme Court held in NAACP v. Claiborne Hardware (1982) that protest leaders cannot be held liable for the violent actions of a protest participant, absent unusual circumstances that are not present in the Mckesson case — such as if Mckesson had “authorized, directed, or ratified” the decision to throw the rock. Indeed, as Justice Sonia Sotomayor points out in a brief opinion accompanying the Court’s decision not to hear Mckesson, the Court recently reaffirmed the strong First Amendment protections enjoyed by people like Mckesson in Counterman v. Colorado (2023). That decision held that the First Amendment “precludes punishment” for inciting violent action “unless the speaker’s words were ‘intended’ (not just likely) to produce imminent disorder.”
The reason Claiborne protects protest organizers should be obvious. No one who organizes a mass event attended by thousands of people can possibly control the actions of all those attendees, regardless of whether the event is a political protest, a music concert, or the Super Bowl. So, if protest organizers can be sanctioned for the illegal action of any protest attendee, no one in their right mind would ever organize a political protest again. Indeed, as Fifth Circuit Judge Don Willett, who dissented from his court’s Mckesson decision, warned in one of his dissents, his court’s decision would make protest organizers liable for “the unlawful acts of counter-protesters and agitators.” So, under the Fifth Circuit’s rule, a Ku Klux Klansman could sabotage the Black Lives Matter movement simply by showing up at its protests and throwing stones.
The Fifth Circuit’s Mckesson decision is obviously wrong
Like Mckesson, Claiborne involved a racial justice protest that included some violent participants. In the mid-1960s, the NAACP launched a boycott of white merchants in Claiborne County, Mississippi. At least according to the state supreme court, some participants in this boycott “engaged in acts of physical force and violence against the persons and property of certain customers and prospective customers” of these white businesses. Indeed, one of the organizers of this boycott did far more to encourage violence than Mckesson is accused of in his case. Charles Evers, a local NAACP leader, allegedly said in a speech to boycott supporters that “if we catch any of you going in any of them racist stores, we’re gonna break your damn neck.”
With SCOTUS refusing to take up McKesson v. Doe, the 5th Circuit's insane anti-1st Amendment ruling that effectively bans mass protests remains in force for the 3 states covered in the 5th: Texas, Louisiana, and Mississippi.
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soon-palestine · 9 days
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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.
It is possible that this outcome will be temporary. The Court did not embrace the United States Court of Appeals for the Fifth Circuit’s decision attacking the First Amendment right to protest, but it did not reverse it either. That means that, at least for now, the Fifth Circuit’s decision is the law in much of the American South.
For the past several years, the Fifth Circuit has engaged in a crusade against DeRay Mckesson, a prominent figure within the Black Lives Matter movement who organized a protest near a Baton Rouge police station in 2016.
The facts of the Mckesson case are, unfortunately, quite tragic. Mckesson helped organize the Baton Rouge protest following the fatal police shooting of Alton Sterling. During that protest, an unknown individual threw a rock or similar object at a police officer, the plaintiff in the Mckesson case who is identified only as “Officer John Doe.” Sadly, the officer was struck in the face and, according to one court, suffered “injuries to his teeth, jaw, brain, and head.”
Everyone agrees that this rock was not thrown by Mckesson, however. And the Supreme Court held in NAACP v. Claiborne Hardware (1982) that protest leaders cannot be held liable for the violent actions of a protest participant, absent unusual circumstances that are not present in the Mckesson case — such as if Mckesson had “authorized, directed, or ratified” the decision to throw the rock.
Indeed, as Justice Sonia Sotomayor points out in a brief opinion accompanying the Court’s decision not to hear Mckesson, the Court recently reaffirmed the strong First Amendment protections enjoyed by people like Mckesson in Counterman v. Colorado (2023). That decision held that the First Amendment “precludes punishment” for inciting violent action “unless the speaker’s words were ‘intended’ (not just likely) to produce imminent disorder.”
The reason Claiborne protects protest organizers should be obvious. No one who organizes a mass event attended by thousands of people can possibly control the actions of all those attendees, regardless of whether the event is a political protest, a music concert, or the Super Bowl. So, if protest organizers can be sanctioned for the illegal action of any protest attendee, no one in their right mind would ever organize a political protest again.
Indeed, as Fifth Circuit Judge Don Willett, who dissented from his court’s Mckesson decision, warned in one of his dissents, his court’s decision would make protest organizers liable for “the unlawful acts of counter-protesters and agitators.” So, under the Fifth Circuit’s rule, a Ku Klux Klansman could sabotage the Black Lives Matter movement simply by showing up at its protests and throwing stones.
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xtruss · 9 months
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I Lost White Friends When I Finally Spoke Out
— Leron L. Barton | Wednesday July 26, 2023
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LeRon L. Barton (Pictured) tells Newsweek about the racist experiences he has had with his white friends over the years. Courtesy: LeRon L. Barton
Having friendships with different types of people is a wonderful concept. To learn, trade ideas, have great experiences, and grow with folks from all kinds of backgrounds is a goal that I have always wanted to achieve.
As someone who loves gaining knowledge and immersing myself in various customs, it's essential for me to expand my social circle. I have friends who are Black like myself, Chinese, Filipino, Mexican, Italian, Salvadoran, Irish, Indigenous, and Arab. We discuss politics, food, sports, music, traveling, film, and life. I love having a wealth of friends that will bring different perspectives in life, and that I can impart wisdom to as well.
However, race and racism have always been difficult to discuss with white people due to the possibility that they may deflect, or be in denial—which is why the subject of race has been the hardest to broach.
Remembering back as a young kid, my family did not have a lot of white friends. It is not because they didn't like them; my cousin married a white woman. It's just that in Kansas City, Missouri, our social circles did not cross.
My grandparents, mother, and father instilled a lot of Black pride in us. We were taught that everyone is the same, but also that Black is beautiful. For me, that was necessary living in a time that told you that you were the opposite.
My brother and I went to a predominately white school and mostly played with Black kids. Still, like many African-Americans, we welcomed white people and held no malice toward them.
I did not make any white friends until my junior year in high school. We all played sports together, listened to hip-hop, and ate the same food. Plenty of friend groups were integrated, including mine. We had Black, white, Asian, Mexican, Puerto Rican, and Indigenous folks in our clique.
It was dope to be able to learn, build, and enjoy other cultures. However, I always noticed there was a difference in how people of color interacted with each other and how my white friends did. There was a warmth in how we hung out. My family welcomed them and vice versa.
But when it came to my white friends, I felt there was a ceiling, a stopping point. A lot of the interactions were surface-level and not deep.
I was always race conscious; being in Kansas City does that to you. It was, and continues to be, a very segregated city. Still, I would try to laugh off racist jokes I heard at work and amongst people in social situations.
I can recall during an offsite lunch event, police entered the restaurant and a coworker joked: "Oh they must be looking for you LeRon." They all laughed, and me being the only Black person at the table, brushed it off and tried to laugh along with it.
My white friends and associates would ask me things like: "Do you play basketball? Do you know anyone that sells drugs? Have you ever been in a gang?"
And they even asked if it was okay for them to say the N-word in a rap song.
These were my day-to-day interactions with white people. I am not trying to paint them all as being harmful and bad, but I have to be honest.
Things began to change for me in 2012. Trayvon Martin was murdered and there was this national conversation about race. Many people had been arguing both sides of the incident.
When I would talk to my white friends about the shooting, the protests, and the uprisings that followed, they would say things like: "What was he doing out there that late? Do we know for sure if he attacked Zimmerman? Why protest and destroy property?"
It was almost as if the rose-colored glasses I had were flung off. When unarmed Black men such as Mike Brown and Alton Sterling were killed by the police, I would see negative comments on social media from friends.
Someone that I had known for years had complained about the protests destroying their quiet neighborhood. Other folks would say "All Lives Matter" or "What about Black-on-Black crime?"
These were the same people that loved Michael Jordan, listened to Snoop Dogg, and cheered Ray Lewis as they watched the Super Bowl. It was as if they only consumed Blackness as entertainment, not as people.
Soon after, I began to write about being Black in America. I would call out racism white explicitly and highlight the inequities of police arrests and shootings, employment, health disparities, and home ownership.
Some white friends noticed my shift in tone and faded away. My televised interviews and podcast appearances became too much for some. I was known as "militant" to a few folks and angry to others.
One friend in particular could not understand why I was so mad. I explained to him it was because as a Black man, if I scare a white woman or make a white law enforcement officer nervous, that could be my life.
He then said: "I don't see you as Black, just as a man." I replied: "That is the problem, you don't want to acknowledge the issue here, racism." He and I stopped talking shortly after.
I was the cool guy when we were going drinking, clubbing, and talking about non-serious things, but when I discuss "The Talk", a conversation that Black parents have with their children on how to survive when they reach a certain age, I am too serious or divisive.
I realized the ceiling I have with many white people and have accepted it.
I've met other Black people that do not have white friends. While I do not subscribe to nor agree with that thought, I do not judge them. Being Black, or being any racialized person in a world that tells you you are less than, is hard. Having to justify your existence every day to people you are close to is even harder.
I think back to this quote I read from Stud Terkel's masterful book Race. Terkel is interviewing a young African-American man who does not have white friends. He asks the guy: "Why do you only hang out with Black people?" The young man laughs and says: "I don't have to worry about them being racist." I think about that sometimes.
Today, I have a few white friends that are "grandfathered" in. Seriously, they are people, such as one of my best friends "Frosty," that I can have serious discussions about racism and how we can change the system. New friends are "vetted."
Writing and discussing race is a very important part of my life. If I have to argue with you about why we are upset when another unarmed Black man is shot by the police, this is not going to work. If I have to explain to you why saying the "N-word" is wrong, cultural appropriation is bad, something innocuous as the slogan "Black Lives Matter" is a positive thing, or why Malcolm X is my personal hero, then this friendship will not work out. I am not teaching "Intro to Blackness 101."
Some reading this may say: "Well LeRon, what if people don't know? We have to teach them."
To that, I say no.
I believe that Black people live in a country that constantly tries to strangle every bit of self-respect, pride, individuality, love, and life out of them. It is an everyday challenge for us to maintain our mental health.
I ask white people who are well-meaning to practice self-reflection. Interrogate your racist blind spots. Educate yourselves. Fight against the system that oppresses us and others.
Black people do not have enough time in the day to survive and help you become not racist. Being a friend is about accountability and work.
— LeRon L. Barton is a Writer, Author, and Speaker.
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cyarsk5230 · 9 months
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bet Baby, this is Keke Palmer and don’t you forget it! She fine, ain’t she? A muva. A businesswoman. A joy and a light! #BET #WhereBlackCultureLives
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thoughts:
He has shown pictures/videos of himself AND HER scantily clad on the internet, so the situation clearly isn't about modesty or representation.
If he's such a traditional man, he would've married her already. Word on the street is that she's not his wife, though she is the mother of his children. It's a bit hypocritical to cry about traditionalism if you're benefitting from it without accepting traditional responsibilities. Impregnating a woman (especially when you are not the breadwinner for the houehold) does not make you a "traditional man," especially in the west.
He's acting like a victim as if he didn't make this private situation public discourse by posting it on the literal internet. Once it's online, especially on Twitter, it's out there forever. He should've addressed her privately if he had such a problem with the dress.
If he hates the dress so much, he is more than welcome to get his money up and not his funny up and buy her a nice designer gown that is befitting of a modest woman of her status.
If he wanted a 'modest woman,' he could've married one and not a literal actress who has worn sexy dresses in public on multiple occasions.
I've also never seen a modest, traditional woman go out by herself to a public event if she's cuffed up. He likely knew where she was going, so why didn't he - as a self-proclaimed traditional man, go with her?
If he’s such a traditional man then he should have been a provider for his baby mama and the child they have together.
Let’s be honest, its not really about the outfit, it’s about the jealousy and insecurities of someone who is acting a punk sissy and the fact that his baby mother was serenaded by usher, which is something what he (and other musicians like him) do . I can’t imagine how many young couples come to a concert to see their favorites and that person’s gf/bf or husband/wife or life partner or whatever gets put on stage and serenaded. If it was me watching I’ll be excited but also thought I wished it was me but still excited
also don’t underestimate the power of black twitter because they’re a detective agency. Have he just kept his mouth shut and handle this privately we wouldn’t have had known about him being a maga apologist and a police apologist. He literally said that Alton Sterling should have complied to avoid being murdered by the police and I found out about those tweets on the anniversary of his murder , the exact day.
10. Don’t date a bad biiiitch if you can’t handle one
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kcyars189 · 10 months
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commiepinkofag · 1 year
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AC-a-a-a-a-B, screamed the goat
again, we see the police PR machine & a complicit press present the innocuous, bumbling barney fife ‘we’re here to protect’ trope.
the ubiquitous coverage of the screaming goat has reached an international audience [if the BBC counts in that regard].
it reminds me of the ‘ah, look! cops dance with ice cream’ which should have been ‘two scoops of fuck you.’
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one of the more recent and disgusting examples of police PR/media collaboration has been the ‘viral’ PR: ‘Police dog in Wyandotte accused of stealing fellow officer's lunch.’ 
this ‘story’ originated from a facebook post by the Wyandotte PD, with an accompanying image edited to appear as a mugshot of a black police dog – named ‘Officer ICE.’
however, i found this posted on a ABC affiliate news website, on the same page as an article about Tyre Nichols’ family pleading for justice and calls for the bodycam footage to be released.  
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the timing and content of these press releases is no coincidence.
on august 1 2016, within weeks after the series of murders by police of Delrawn Small, Alton Sterling and Philando Castille, the cop PR machine rolled out #copsgiveouticecream. 
one particular headline — ‘these cops pranked drivers by giving them ice cream instead of tickets’ — fell under the ‘feel good’ category, much like ‘officer ice’ and case of the screaming goat.
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text beneath the image reads: "You can see the sense of relief when the officers explain this ‘violation’ to the anxious drivers who all got a big laugh out of it." 
i can see intimidation, fear, injustice…
‘no cameras!’ — nor accountability
social media has changed the playing field in the propaganda war for policing. like in the instances of feel good news, cops only like social media when it works in their favor. 
the fbi has warned about ‘cop baiting,’ ‘viral attack’ and potential liability. [Social Media and Law Enforcement: Potential Risks; leb.fbi.gov] 
unsurprisingly, this particular article expresses an overarching sense of fear and need for control:
Empowered by social media, cop baiting presents a crisis for law enforcement. Questionable videos of police officers are popular on sites, such as YouTube, and can be financially rewarding to malefactors who file claims or lawsuits. For some individuals, a citation or jail time is worthwhile if a cash payoff results. Cop baiting could become so common that officers may not know whether they are facing a situation that is legitimate, staged, or exaggerated for someone else’s benefit. This puts officers’ personal and professional well-being at stake.
so strange, their fave defense for surveillance [search, et al] isn’t mentioned: ‘if you’re not doing anything wrong, why worry…’ 
copspeak + providing those good feels
i posted the link back in 2016, but i find it’s still relevant: 
Copspeak: 7 Ways Journalists Use Police Jargon to Obscure the Truth [fair.org]
FAIR’s CopSpeak series is good for examining the media-PR symbiosis: 
“The linguistic gymnastics needed to report on police violence without calling up images of police violence is a thing of semantic wonder."
privatization of public policy has helped drive much of this. [Meet the Company That Writes the Policies That Protect Cops; motherjones.com], [Police Policy For Sale; theappeal.org/]. 
the lexipol rabbithole can take you through an insular cop-cult[-ure] & convenient shopping for all of your militarized force needs.
‘Police Chief Magazine’ run by a 503c lobbying group, International Association of Chiefs of Police [IACP], reveals some PR tactics in ‘Media Coverage: When It Doesn’t Work Well… and When It Does’ [policechiefmagazine.org]
The Secrets to Success “It is the role of the public information office to push the positive stories to the media,” says Sergeant John Roth, Glendale Police Department’s public information officer (PIO). His office publicizes the department’s Coffee with a Cop events, as well as other newsworthy items, such as when major cases are solved. … 
it is imperative to develop a rapport with media representatives. He makes a point of meeting with them and establishing relationships built on trust.
‘trust us,’ said at gunpoint… 
[btw, national police week 2023 has begun]
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Ani Cordero - "Me Tumba" [I'm Devastated]
This Video is Dedicated To: Este video esta dedicado a:
Sandra Bland, John Crawford, Walter Scott, David Collie, Joseph Mann Terrence Crutcher, Sam Dubose, Sureshbhai Patel, Eric Garner, Tamir Rice, Sean Bell,  Rodney King, Ramarley Graham, Trayvon Martin, Emmett Till, Philando Castile, Alton Sterling, Rekia Boyd, Corey Jones
...Y un sinnúmero de personas conocidas y desconocidas ... And to all the countless lives, both known and unknown
¡Tome Acción!  Take Action! BlackLivesMatter.com
(Translation to English on video & description) 
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bezumiyevremya · 2 years
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The following describes a scenario within “The Sims 3″ (2009)
The CIA is the most evil organization ever to exist, even including the SS and all other organs of Nazi Germany. The CIA has pillaged the entire world, upset countless democratically elected governments, committed vile acts of torture and the most heinous crimes against humanity. It serves the United States, which itself has commit the greatest genocide in human history, that of the indigenous peoples who once lived on what is now the United States. 
When the revolution is complete, this is what we shall do with them:
A concrete box will be prepared of necessary length and width, and it shall be placed 10 feet underground. It has a single entrance and exit, an iron door at the end of a concrete staircase. Harsh white lights have been fixed in the ceiling. These lights will flash once every 1-5 seconds on a random timer. Written in red paint on one wall of the room are the words “You are meat. Blood is water.” The prisoners shall be led in one by one into the room through the single entrance. The door shall then be shut, and the staircase filled with concrete. Over the top will be spread soil, on which we will plant grass, flowers, bushes, and shrubs. After 7 days, the power necessary for the lights will be disconnected. 
Everyone is safe. 
North Dakota Access Pipeline Protests 北达科他州接入管道抗议 Ferguson Riots 弗格森暴动 2017 St. Louis protests 2017年圣路易斯抗议活动 Nuclear testing at Bikini Atoll 比基尼环礁的核试验 Unite the Right rally 团结右集会 Charlotte riots 夏洛特暴动 Attack on the Sui-ho Dam 袭击穗河水坝 Milwaukee riots 密尔沃基骚乱 Shooting of Alton Sterling and Philando Castile 奥尔顿·斯特林和菲兰多·卡斯蒂利亚的射击 Occupation of the Malheur National Wildlife Refuge Malheur国家野生动物保护区的占领 death of Freddie Gray 弗雷迪·格雷的死 Shooting of Michael Brown迈克尔·布朗的拍摄 death of Eric Garner, Oakland California 奥克兰奥克兰市埃里克·加纳(Eric Garner)逝世 Operation Condor 神鹰行动 Occupy WallStreet 占领华尔街 My Lai Massacre 我的大屠杀 St. Petersburg, Florida 佛罗里达州圣彼得�� Kandahar Massacre 坎大哈屠杀 1992Washington Heights riots 1992年华盛顿高地暴动 No Gun Ri Massacre 无枪杀案 L.A. Rodney King riots 洛杉矶罗德尼·金暴动 1979 Greensboro Massacre 1979年格林斯伯勒大屠杀 Vietnam War 越南战争 Kent State shootings肯特州枪击案 Bombing of Tokyo 轰炸东京 San Francisco Police Department Park Station bombing 旧金山警察局公园站爆炸案 Assassination of Martin Luther King, Jr. 小马丁·路德·金遭暗杀。 Long Hot Summer of 1967 1967年炎热的夏天 Bagram 巴格拉姆 Selma to Montgomery marches 塞尔玛到蒙哥马利游行 Highway of Death 死亡之路 Ax Handle Saturday 星期六斧头 Battle of Evarts 埃瓦茨战役 Battle of Blair Mountain 布莱尔山战役 McCarthyism 麦卡锡主义 Red Summer 红色夏天 Rock Springs massacre 岩泉大屠杀 Pottawatomie massacre 盆大屠杀 Jeju uprising 济州起义 Colfaxmassacre 科尔法克斯大屠杀 Reading Railroad massacre 阅读铁路大屠杀 Rock Springs massacre 岩泉大屠杀 Bay view Massacre 湾景大屠杀 Lattimer massacre 拉蒂默大屠杀 Ludlow massacre 拉德洛屠杀 Everett massacre 埃弗里特屠杀Centralia Massacre 中部大屠杀 Ocoee massacre Ocoee大屠杀 Herrin Massacre 赫林大屠杀 Redwood Massacre红木大屠杀 Columbine Mine Massacre 哥伦拜恩矿难 Guantanamo Bay 关塔那摩湾 extraordinary rendition 非凡的演绎 Abu Ghraib torture and prison abuse 阿布格莱布的酷刑和监狱虐待 Henry Kissinger 亨利·基辛格
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whitesinhistory · 9 days
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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.
It is possible that this outcome will be temporary. The Court did not embrace the United States Court of Appeals for the Fifth Circuit’s decision attacking the First Amendment right to protest, but it did not reverse it either. That means that, at least for now, the Fifth Circuit’s decision is the law in much of the American South.
For the past several years, the Fifth Circuit has engaged in a crusade against DeRay Mckesson, a prominent figure within the Black Lives Matter movement who organized a protest near a Baton Rouge police station in 2016. 
The facts of the Mckesson case are, unfortunately, quite tragic. Mckesson helped organize the Baton Rouge protest following the fatal police shooting of Alton Sterling. During that protest, an unknown individual threw a rock or similar object at a police officer, the plaintiff in the Mckesson case who is identified only as “Officer John Doe.” Sadly, the officer was struck in the face and, according to one court, suffered “injuries to his teeth, jaw, brain, and head.”
Everyone agrees that this rock was not thrown by Mckesson, however. And the Supreme Court held in NAACP v. Claiborne Hardware (1982) that protest leaders cannot be held liable for the violent actions of a protest participant, absent unusual circumstances that are not present in the Mckesson case — such as if Mckesson had “authorized, directed, or ratified” the decision to throw the rock.
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pscottm · 10 days
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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.
It is possible that this outcome will be temporary. The Court did not embrace the United States Court of Appeals for the Fifth Circuit’s decision attacking the First Amendment right to protest, but it did not reverse it either. That means that, at least for now, the Fifth Circuit’s decision is the law in much of the American South.
For the past several years, the Fifth Circuit has engaged in a crusade against DeRay Mckesson, a prominent figure within the Black Lives Matter movement who organized a protest near a Baton Rouge police station in 2016.
The facts of the Mckesson case are, unfortunately, quite tragic. Mckesson helped organize the Baton Rouge protest following the fatal police shooting of Alton Sterling. During that protest, an unknown individual threw a rock or similar object at a police officer, the plaintiff in the Mckesson case who is identified only as “Officer John Doe.” Sadly, the officer was struck in the face and, according to one court, suffered “injuries to his teeth, jaw, brain, and head.”
Everyone agrees that this rock was not thrown by Mckesson, however. And the Supreme Court held in NAACP v. Claiborne Hardware (1982) that protest leaders cannot be held liable for the violent actions of a protest participant, absent unusual circumstances that are not present in the Mckesson case — such as if Mckesson had “authorized, directed, or ratified” the decision to throw the rock.
Indeed, as Justice Sonia Sotomayor points out in a brief opinion accompanying the Court’s decision not to hear Mckesson, the Court recently reaffirmed the strong First Amendment protections enjoyed by people like Mckesson in Counterman v. Colorado (2023). That decision held that the First Amendment “precludes punishment” for inciting violent action “unless the speaker’s words were ‘intended’ (not just likely) to produce imminent disorder.”
The reason Claiborne protects protest organizers should be obvious. No one who organizes a mass event attended by thousands of people can possibly control the actions of all those attendees, regardless of whether the event is a political protest, a music concert, or the Super Bowl. So, if protest organizers can be sanctioned for the illegal action of any protest attendee, no one in their right mind would ever organize a political protest again.
Indeed, as Fifth Circuit Judge Don Willett, who dissented from his court’s Mckesson decision, warned in one of his dissents, his court’s decision would make protest organizers liable for “the unlawful acts of counter-protesters and agitators.” So, under the Fifth Circuit’s rule, a Ku Klux Klansman could sabotage the Black Lives Matter movement simply by showing up at its protests and throwing stones.
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themotherlove · 3 months
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Alton L. Garrett, Jr. Alton Garrett, Jr. & Jimmy Sterling, A Motown Tribute to Bobby Womack
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silvestromedia · 3 months
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shopfiorire · 4 months
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hello tags! we've recently had an activity check, expanded our cap a bit and reopened some jobs as well as some faces! there's so many faceclaims we'd love to see like: lancey foux, alton mason, savannah lee smith, zion morreno, mali nalli, may sterling, jay critch, avan jogia, omar ayuso, miguel herran, central cee, and so many others! i'll be here playing sims for most of the day so i can accept any apps or answer any questions!
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kcyars189 · 10 months
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