The case, Mckesson v. Doe, involves a personal injury lawsuit by a police officer attempting to hold a protest organizer financially liable for injuries the officer sustained when responding to a demonstration, even though the organizer himself did not cause the injury.

It dates to July 2016 when there was a demonstration in front of the Baton Rouge Police Department’s headquarters to protest the escalating police violence directed at black men and women nationwide and demand accountability and reforms.

During the event, DeRay Mckesson, one of the event organizers, "engaged in no acts of violence and did not incite or encourage violence by others," the institute pointed out.

But some others did. A few criminals threw rocks at officers, and one hit one officer, who then sued Mckesson demanding more than $75,000 damages from him, for what the other protester did.

The officer claimed the organizer must have known that there would be violence.

So far, a trial court dismissed the officer's claims, as Mckesson was engaged in constitutionally protected activity. But then 5th U.S. Circuit Court of Appeals said the First Amendment allows liability like that.

While the Supreme Court has declined to sound off right now – the case now will proceed to trial on the claim Mckesson should have known violence was possible – Justice Sonia Sotomayor pointed out the court recently decided Counterman v. Colorado.

That case included the ruling that the First Amendment bars the use of "an objective standard" like negligence for punishing speech.

She explained, "The court explained that 'the First Amendment precludes punishment [for incitement], whether civil or criminal, unless the speaker's words were 'intended' (not just likely) to produce imminent disorder."

The report said the ultimate trial result could then be appealed, too.