Mckesson v. Doe
View Official PDFBelow are plain-language sections to help you understand what the Court decided in Mckesson v. Doe and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of Mckesson v. Doe.
The Supreme Court reviewed the Fifth Circuit's decision regarding DeRay Mckesson's liability for injuries caused during a protest he organized. The Court vacated the decision and remanded the case, suggesting that the Fifth Circuit should have sought guidance from the Louisiana Supreme Court on state law issues before addressing the First Amendment implications. This case involves complex questions of state tort law and First Amendment rights.
Holding
The single most important “bottom line” of what the Court decided in Mckesson v. Doe.
The Court held that the Fifth Circuit should have certified novel questions of state law to the Louisiana Supreme Court before addressing the First Amendment issue.
Constitutional Concepts
These are the Constitution-related themes that appear in Mckesson v. Doe. Click a concept to see other cases that involve the same idea.
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Why Free Speech is relevant to Mckesson v. Doe
The case revolves around whether the First Amendment protects Mckesson from liability for organizing a protest that led to violence.
Syllabus excerpt (verbatim)The question presented—whether the theory of state tort liability adopted by the Fifth Circuit violates the First Amendment—turns on novel questions of state law...
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Why Judicial Review is relevant to Mckesson v. Doe
The Supreme Court is reviewing the Fifth Circuit's decision and its implications for constitutional rights.
Syllabus excerpt (verbatim)We think that the Fifth Circuit's interpretation of state law is too uncertain a premise on which to address the question presented.
Key Quotes
Short excerpts from the syllabus in Mckesson v. Doe that support the summary and concepts above.
The Fifth Circuit should not have ventured into so uncertain an area of tort law.
The question presented—whether the theory of state tort liability adopted by the Fifth Circuit violates the First Amendment—turns on novel questions of state law.
The dispute thus could be 'greatly simplife[d]' by guidance from the Louisiana Supreme Court on the meaning of Louisiana law.
