On Monday, the Supreme Court declined to consider an appeal from DeRay Mckesson, a prominent Black Lives Matter organizer, leaving in place a lower court’s ruling that some critics worry could restrict Americans’ First Amendment rights to protest against government and police actions.
As a result, Mckesson’s case will return to a lower court for further evaluation.
While there were no noted dissents, Justice Sonia Sotomayor wrote separately, indicating that lower courts should consider a separate First Amendment decision from the previous term that could potentially benefit Mckesson.
The case stems from a Baton Rouge protest following the 2016 police shooting of Alton Sterling, a Black resident. This incident led to nationwide protests, some of which turned violent, including the 2020 demonstrations after George Floyd’s death at the hands of Minneapolis police.