6th Circuit rules Trump's call to eject rally protesters was protected by the First Amendment. A federal appeals court ruled Tuesday that protesters cannot sue President Donald Trump and his presidential campaign for an alleged assault by audience members at a Louisville, Kentucky, rally following Trump’s command to “get ’em out of here.” The Cincinnati-based 6th U.S. Circuit Court of Appeals ruled that Trump’s direction did not amount to the misdemeanor of “incitement to riot” under Kentucky law. In addition, the court said, Trump’s comments were protected by the First Amendment because he “did not specifically advocate imminent lawless action.”
The National Law Journal, Politico and Reuters have coverage. The three plaintiffs had alleged they were assaulted, pushed and shoved at the March 2016 rally after Trump’s repeated call for their ouster. Besides Trump and the campaign, defendants included three people alleged to have carried out the assaults. The appeals court reversed a decision by U.S. District Judge David Hale of Louisville to allow the incitement to riot claim against the Trump defendants. The appeals court faulted Hale for a “decidedly thin” analysis of the claim of an incitement to riot, defined by Kentucky law as incitement to engage in tumultuous and violent conduct creating grave danger of personal injury or property damage.
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Attachment 24319