Trump protesters from 2016 have been suing Trump after some of then got hurt when Trump said “get ’em outta here” several times at a 2016 election rally. The protesters claim that some in the crowd became violent and attacked them when Trump made his comments.
But a panel of three judges on the 6th circuit unanimously ruled that Trump’s remarks weren’t calling for violence or inciting a riot, and two of the judges went further and said Trump’s speech needs to be protected under the first amendment:
BUZZFEED – Tuesday, a three-judge panel of the US Court of Appeals for the 6th Circuit sided with the president, finding that Trump’s comments at the rally were vague enough to be shielded by the First Amendment. They also found that his conduct didn’t fall under Kentucky’s anti-rioting law.
“Speech is powerful,” Judge David McKeague wrote in the majority opinion, quoting from another case. “Yet, as a nation, we have chosen to protect unrefined, disagreeable, and even hurtful speech to ensure that we do not stifle public debate.”
McKeague wrote in Tuesday’s opinion that the idea that Trump’s conduct at the Louisville rally met the standard under Kentucky law for inciting a riot was undermined by the fact that at one point he said “Don’t hurt ’em.” The judge wrote that Trump’s remarks fell under the First Amendment “because he did not specifically advocate imminent lawless action.”
“It follows that if Trump’s speech is protected … then the fact that audience members reacted by using force does not transform Trump’s protected speech into unprotected speech. The reaction of listeners does not alter the otherwise protected nature of speech,” McKeague wrote.
The decision was unanimous, but one member of the panel, Judge Helene White, thought it was a closer call. In a one-page concurring opinion, White wrote that the majority opinion “elides salient details of Trump’s speech” — she didn’t specify what details — and gave too much weight to the “don’t hurt ’em” comment. White wrote that she agreed Trump’s conduct didn’t meet the standard for inciting a riot, but she said the court should have stopped there and not delved into the First Amendment question.
Here’s video of Trump making the remarks in question:
Oh yeah, good times. Good times.
Buzzfeed reports that the lawyer for the protesters may ask a full sitting of the 6th circuit to review the case.
All three judges were appointed by George W. Bush. You can read the full opinion here if you like.