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

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

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.”

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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.

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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.”

But the Supreme Court held that this “emotionally charged rhetoric … did not transcend the bounds of protected speech.” It ruled that courts must use “extreme care” before imposing liability on a political figure of any kind. And it held that a protest leader may only be held liable for a protest participant’s actions in very limited circumstances:

There are three separate theories that might justify holding Evers liable for the unlawful conduct of others. First, a finding that he authorized, directed, or ratified specific tortious activity would justify holding him responsible for the consequences of that activity. Second, a finding that his public speeches were likely to incite lawless action could justify holding him liable for unlawful conduct that in fact followed within a reasonable period. Third, the speeches might be taken as evidence that Evers gave other specific instructions to carry out violent acts or threats.

The Fifth Circuit conceded, in a 2019 opinion, that Officer Doe “has not pled facts that would allow a jury to conclude that Mckesson colluded with the unknown assailant to attack Officer Doe, knew of the attack and ratified it, or agreed with other named persons that attacking the police was one of the goals of the demonstration.” So that should have been the end of the case.

Instead, in its most recent opinion in this case, the Fifth Circuit concluded that Claiborne’s “three separate theories that might justify” holding a protest leader liable are a non-exhaustive list, and that the MAGA-infused court is allowed to create new exceptions to the First Amendment. It then ruled that the First Amendment does not apply “where a defendant creates unreasonably dangerous conditions, and where his creation of those conditions causes a plaintiff to sustain injuries.”

And what, exactly, were the “unreasonably dangerous conditions” created by the Mckesson-led protest in Baton Rouge? The Fifth Circuit faulted Mckesson for organizing “the protest to begin in front of the police station, obstructing access to the building,” for failing to “dissuade” protesters who allegedly stole water bottles from a grocery store, and for leading “the assembled protest onto a public highway, in violation of Louisiana criminal law.”

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Needless to say, the idea that the First Amendment recedes the moment a mass protest violates a traffic law is quite novel. And it is impossible to reconcile with pretty much the entire history of mass civil rights protests in the United States.

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Dr. Martin Luther King Jr. leads marchers in what the Fifth Circuit calls an “unreasonably dangerous” activity.
Morton Broffman/Getty Images

In fairness, the Court’s decision to leave the Fifth Circuit’s attack on the First Amendment in place could be temporary. As Sotomayor writes in her Mckesson opinion, when the Court announces that it will not hear a particular case it “expresses no view about the merits.” The Court could still restore the First Amendment right to protest in Louisiana, Mississippi, and Texas in a future case.

For the time being, however, the Fifth Circuit’s Mckesson decision remains good law in those three states. And that means that anyone who organizes a political protest within the Fifth Circuit risks catastrophic financial liability.

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How Is Pope Leo Shaping the U.S. Church? Bishops.

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How Is Pope Leo Shaping the U.S. Church? Bishops.

Pope Leo XIV’s moral voice has resounded in global politics during the first year of his papacy, on war, immigration and artificial intelligence.

But in quieter, more personal ways, the first pope from the United States has also been shaping the future of the Roman Catholic Church in his home country — one bishop at a time.

So far, Leo has made roughly 30 announcements involving new bishops, elevated bishops or retiring bishops in the United States, offering an early look at what the American church hierarchy will become under his leadership.

He appears to be naming bishops not primarily as political statements, but rather as leaders who, like him, have focused on pastoral care and local management, and who reflect the changing composition of Catholic pews and priests.

Last week, Leo appointed Bishop Evelio Menjivar-Ayala to be the next bishop of Wheeling-Charleston, the diocese that covers West Virginia. The first Salvadoran bishop in the United States, Bishop Menjivar-Ayala became a citizen 20 years ago after a period as an undocumented immigrant, an experience that resonates with many Catholic families in the country.

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In his own story, Bishop Menjivar-Ayala sees the story of Leo, who as a young priest moved to Peru from the United States to be a missionary and then became both a bishop and a citizen of his new country. Leo’s appointments have a global perspective, he said.

“Those decisions are not taken from political points of view, but what are the needs of that community?” he said. “Jesus said if you want to be great, you should become the servant of all.”

The same day Bishop Menjivar-Ayala was appointed, Leo also named Father John Gomez, a Colombian-born priest who became a U.S. citizen five years ago, to lead the Diocese of Laredo on Texas’ border with Mexico.

Father Gomez, currently the vicar general of the Diocese of Tyler in East Texas, felt a call to ministry after completing his military service in Colombia. He went to seminary in Miami and continued his theological studies in Texas and Rome. In Tyler, nearly half of Catholics are Spanish speakers, he said.

“That was the reason I came to the United States, to serve the growing Spanish-speaking population in the Catholic Church,” he said.

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“Now I am a bilingual, bicultural man, and I love to serve both communities,” he said. “But there is a great need for us here in the church, for priests.”

Many of the most prominent U.S. cardinals and archbishops are reaching retirement age, meaning Leo will have an opportunity to make personnel changes at the highest levels. Bishops are required to offer the pope their resignation at age 75, but the pope can choose whether to accept it for five years.

In Chicago, Cardinal Blase Cupich turned 77 in March, and in Newark, Cardinal Joseph Tobin turned 74 last week. Archbishops in Las Vegas, Miami and Santa Fe are all turning 76 this year.

Before Leo was elected pope, he ran the influential Vatican office responsible for choosing bishops. That expertise has allowed him to move quickly, and his relative youth means that he could significantly remake a generation of the church hierarchy, similar to the legacy of Pope John Paul II, said Christopher White, a senior fellow of the Initiative on Catholic Social Thought and Public Life at Georgetown University.

In December, Leo replaced Cardinal Timothy Dolan of New York, who turned 75 shortly before Francis died, and appointed Archbishop Ronald Hicks, 58, who also had a similar biography to Leo’s, with shared ministry experience and administrative skills.

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A notable number of Leo’s new bishops, like many American priests and parishioners, were born in other countries.

Last June, Leo appointed Bishop Simon Peter Engurait, who was born in Uganda in 1971, the seventh of 14 children, to the Diocese of Houma-Thibodaux in Louisiana.

About a third of priests in his diocese are foreign-born, many with green cards and some with religious worker visas, Bishop Engurait said.

“Back in the day, you had bishops from, for example, Ireland, because that is where most of the priests came from,” he said. Now, as more and more priests come from Latin America and Africa, the makeup of the bishops is also changing.

One of his hopes is to integrate the range of diverse Catholic communities in his diocese, which includes many African Americans and a significant Hispanic and South Asian population, though very few Africans, he noted.

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Recently, Hispanic Catholics had a celebration of the Virgin Mary, including traditions from places like Nicaragua, Puerto Rico and Mexico, and he wished other immigrant cultures in the dioceses were represented to share their own flavors of Catholicism, he said.

Leo’s focus on the universality of the church is a central gift for parishes, he noted.

“I personally believe that God gives us leaders for a time, for a season,” he said, adding that Leo has “a beautiful recognition and appreciation of the global human family.”

Shortly after his own installation mass, Bishop Engurait traveled to participate in the installation of another Leo-appointed bishop in his cohort, Bishop Pedro Bismarck Chau, an auxiliary in Newark who was born in Nicaragua and became a U.S. citizen in seminary.

Leo is continuing a trend that Pope Francis started, elevating priests who have what Francis called “the smell of the sheep,” Bishop Chau said.

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Many in Leo’s cohort of new bishops came up as parish priests, meaning they have extensive on-the-ground pastoral experience as opposed to having primarily worked in diocesan offices or adjacent ministries, he noted.

In September, Bishop Chau will go with fellow newly appointed bishops to Rome for what they jokingly call “Baby Bishop School,” an annual Vatican program for that year’s bishop class, and meet Leo for the first time. His own appointment process began while Francis was still alive and Leo, then Cardinal Robert Francis Prevost, was still in his former role leading the bishops’ office.

“He saw my paperwork, he brought that paperwork to Pope Francis, that’s the interesting part of it,” Bishop Chau said. “I can’t wait to talk to him about it.”

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Iran war, redistricting battle lead Sunday shows

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Iran war, redistricting battle lead Sunday shows

Iran is “trying to choke off the entire world’s economy” as the regime escalates attacks on global shipping and infrastructure, according to U.S. Ambassador to the United Nations Mike Waltz, who declared Sunday that Tehran has “shown its true colors.”

Waltz spoke to “Fox News Sunday,” accusing Iran of aggressively targeting international waterways and threatening critical global systems to gain leverage in its nuclear standoff.

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“We cannot and the world should not tolerate an Iranian regime that is trying to choke off the entire world’s economy, hold everyone hostage because of a dispute over its nuclear program,” Waltz said.

He warned that Iran’s actions go beyond conventional military posturing, pointing to reports of sea mines being deployed and attacks on commercial shipping routes.

“It cannot start just throwing sea mines indiscriminately out into the ocean, attacking shipping,” he said.

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Waltz also raised alarms about new threats discussed on Iranian state television, including potential attacks on undersea infrastructure.

“They’ve even now started talking about… taking the undersea cables that move financial data, cloud information and all kinds of important economic information in and out of the gulf,” he said.

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Waltz said Iran’s recent actions have shifted perceptions in the region, pointing to growing international alignment against Tehran, including stronger cooperation among Gulf nations and Israel.

“Iran has now showed its true colors,” he said.

Despite the rising tensions, Waltz said President Donald Trump is still pursuing a diplomatic path, one that he noted is backed by military strength.

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“President Trump has been clear. They will never have a nuclear weapon, and they cannot hold the world’s economies hostage,” Waltz said.

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Bobby Cox, One of Baseball’s Top Managers, Dies at 84

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Bobby Cox, One of Baseball’s Top Managers, Dies at 84

Bobby Cox, the Baseball Hall of Fame manager who led the Atlanta Braves to five National League pennants and a World Series championship in the 1990s and was ranked No. 4 for career victories among major league managers, died on Saturday in Marietta, Ga. He was 84.

The team announced the death but provided no further details. Cox had a stroke in 2019 that impaired the use of his right arm.

Cox himself was a major league player whose career consisted of two seasons, mostly at third base, with the Yankees in 1968 and 1969. He batted .225 overall in 220 games and was hampered by knee problems.

He found his niche as a manager, mostly for the Braves in two stints surrounding a stretch with the Toronto Blue Jays. He was inducted into the Baseball Hall of Fame in 2014 as “one of the most successful managers in history” for steering the Braves to dominance in the 1990s.

Cox’s 2,504 victories in 29 seasons have been exceeded only by three others: Connie Mack, with 3,731, managing the Philadelphia Athletics for 50 years, followed by John McGraw with 2,763 and Tony La Russa with 2,728. Cox was voted manager of the year four times by the Baseball Writers’ Association of America.

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Cox’s Braves boasted strong pitching, most notably from the Hall of Famers Tom Glavine, Greg Maddux and John Smoltz. His Atlanta teams won division championships 14 consecutive times, from 1991 to 2005, a players’ strike having curtailed the 1994 season.

But they didn’t capture his lone World Series championship until 1995, when they defeated the Cleveland Indians in six games, with the clincher coming on a 1-0 victory behind Glavine’s one-hitter and David Justice’s sixth-inning home run.

The Braves were bested in the Series by the Minnesota Twins in 1991, the Blue Jays in 1992 and the Yankees in 1996 and 1999.

After the Braves captured the 1995 Series title, Cox expressed resentment over frequent references in previous years to his never having reached baseball’s pinnacle.

“That’s all they ever talk about,” he told The New York Times. “Fran Tarkenton never won a Super Bowl. He’s one of the greatest quarterbacks ever. He talks about having a little luck occasionally, too.”

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Cox regarded himself as a players’ manager and was well liked by his teams.

“I can get on a player, and have, as good as anybody in the world,” he told The Times during the 1999 World Series. “But certainly, when we leave, we understand each other, and it hasn’t been printed and nobody knows about it. At least most of the cases.”

Robert Joe Cox was born on May 21, 1941, in Tulsa, Okla., and grew up in Selma, Calif., near Fresno. His father, J.T. Cox, was an electrician for a pump company, and his mother, Willie Mae (Hendrix) Cox, was a store clerk.

Bobby played for his high school baseball team, and the Los Angeles Dodgers’ organization signed him in 1959 as an amateur free agent. He remained in the minor leagues until the Yankees obtained him in a December 1967 trade from the Braves’ organization. He debuted in the major leagues the following year.

Cox managed in the Yankee farm system from 1971 to 1976. He then became the Yankees’ first-base coach under the manager, Billy Martin, in 1977 when the team defeated the Dodgers in the World Series.

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He replaced Dave Bristol as the manager of the floundering Braves in 1978. The Braves’ only winning season under Cox came in 1980, when they were 81-80. He was fired after the strike-shortened 1981 season.

He had better success managing the Blue Jays, which had entered the American League as a 1977 expansion team. He took them to 99-62 record in 1985, though they lost to the Kansas City Royals in the seven-game league championship series after taking a 3-to-1 game lead.

Cox was fired afterward, then served as the Braves’ general manager from 1985 to 1990. During that tenure, he drafted third baseman Chipper Jones, another future Hall of Famer, and traded for Smoltz.

Cox replaced Russ Nixon as the Braves’ manager in June 1990 while remaining as general manager. John Schuerholz took over the front office after that season, and they proved to be a highly successful tandem.

While 1995 was a triumphant season for Cox, he was in the news in connection with a troubling family matter in May of that year. His wife, Pamela, called the police to their home after they had argued the night following a game. The police said she told an officer that her husband had hit her in the face. Cox was arrested on a battery charge, then quickly released on $1,000 bail.

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The next day, at a news conference arranged by the Braves, Pamela Cox retracted the allegation. Under a court arrangement, Cox enrolled in anger-management counseling, and his wife attended a program for battered women. Early in September, upon completion of those obligations, the charge against Cox was dismissed.

He and his wife, Pamela (Boswell) Cox, had three daughters. He also had five children from an earlier marriage, to Mary Xavier, that ended in divorce. A complete list of survivors was not immediately available.

Cox retired as the Braves’ manager following the 2010 season but continued to serve as an adviser. He also became an executive with a bank in the Rome, Ga., area.

Apart from the wins-losses column, Cox set a record for an arcane statistic, having been ejected from 162 games long before managerial challenges of most questionable calls could be settled by video replays, avoiding chest-to-chest arguments.

Most of the time, Cox was protecting his players from ejections by shouldering their anger, and there were evidently no hard feelings on the part of the umps.

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“The umpires have the utmost respect for Bobby Cox,” the umpire Richie Garcia told The Associated Press in 2007. “What happens one night isn’t carried over to the next.”

As the umpire Bob Davidson put it, “If I was a ballplayer, I’d want to play for Bobby Cox.”

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