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Index/Topics/Counterman Decision

Counterman Decision

A Supreme Court decision that emphasized the requirement of intent for speech-related sanctions, potentially conflicting with the Fifth Circuit's negligent protest theory.

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Jan 27, 2026

How have federal appellate courts treated organizer liability for violence at protests after the Fifth Circuit’s McKesson decision?

Federal appellate treatment of organizer liability split sharply after embraced a novel “” theory in Doe v. Mckesson, holding that a protest leader can be sued in negligence for violence by third part...

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