A three-judge panel on the Sixth Circuit Court of Appeals ruled against protesters at a 2016 Trump rally in Kentucky who accused then-candidate Donald Trump of inciting a riot against them.
The suit stemmed from Trump’s order to “get ‘em out of here,” upon noticing the protesters, Henry Brousseau, Kashiya Nwanguma and Molly Shah.
After the comment from Trump, the protesters were shoved out of the crowd. The notorious white nationalist Matthew Heimbach would later plead guilty to disorderly conduct for shoving Nwanguma.
Lawyers for another rally-goer who shoved Nwanguma, Alvin Bamberger, said last year that he “would not have acted as he did without Trump and/or Trump campaign’s specific urging and inspiration.”
The court ruled Tuesday that the three protesters hadn’t made a valid claim under Kentucky law that Trump incited a riot, and that Trump’s comments were protected by the First Amendment. Video of Trump rally attendees shoving the protesters went viral in 2016.
“[W]e hold that plaintiffs’ allegations fail to make out a valid incitement-to-riot claim under Kentucky law,” Circuit Judge David McKeague wrote Tuesday. “The words allegedly uttered by presidential candidate Donald Trump during his speech do not make out a plausible claim for incitement to engage in tumultuous and violent conduct creating grave danger of personal injury or property damage.”
“Moreover,” he added, “any doubt about this conclusion is wholly dispelled by consideration of the constitutional protection Trump’s speech enjoys under the First Amendment.”
A lawyer for the protesters told Reuters: “We respect the Court’s opinion but will seek further review.”
Read the ruling below:
If one of the shove-es had actually been knocked to the ground and suffered a concussion and broken ribs, would that have been enough, or was that just a fluke vs. “grave danger”? Personally, I think having the mob turned on you would constitute grave danger right there. I would hold that “get ‘em out of here,” at a Trump rally is much like yelling fire in a crowded theater.
If trump had been a black man speaking at a BLM rally, that would have been enough.
IANAL, so is the court basically giving the finger to the plaintiffs by putting “allegedly” in front of the words millions of people have seen and heard?
Guy, err, judge put there by W Bush, what else might be expected?
All three judges — McKeague, Griffin and White — are Rethugliklan appointees; McKeague by noted Carlyle Group kingpin (who still enjoys receiving the Presidential Daily Brief, likely for investment purposes) King George 1, the other two by Shrubya.
But does that have any bearing on their decisions? Usually.
If it’s ok for trump to incite violence toward protesters then it should be ok for me to publish and post all sorts of nasty things about him freely without consequence.