Origin articleStored source

Fifth Circuit Judges' Cert. Petition in Deray Mckesson Black Lives Matter Protest Liability Case

From Fifth Circuit Judge Don Willett, joined by Judges Carl Stewart, James Graves, Stephen Higginson, Dana Douglas, and Irma Carrillo… The post Fifth Circuit Judges' Cert. Petition in Deray Mckesson Black Lives Matter Protest Liability Case appeared first on Reason.com.

Reason By Eugene Volokh Aug 1, 2026, 12:01 PM Captured Aug 1, 2026, 7:36 PM

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Source excerpt

15,891 extracted characters

From Fifth Circuit Judge Don Willett, joined by Judges Carl Stewart, James Graves, Stephen Higginson, Dana Douglas, and Irma Carrillo Ramirez, dissenting on Thursday from denial of rehearing en banc:

The Supreme Court has already called the constitutional issue presented here "undeniably important": whether the First Amendment tolerates a negligent-protest theory that substitutes the mere foreseeability of a stranger's violence for intent.

After a decade of litigation, full discovery, and another appeal, every threshold obstacle is gone.

Every obstacle that complicated Supreme Court review in 2020 is now gone.

Bold News stores the normalized extraction for evidence and analysis. This public wrapper shows a limited excerpt; use the original link for the publisher's complete presentation.

Framing report

Origin wording grade

C 28/100 risk

Grade C reflects 28/100 framing risk from decision pressure, sweeping generalization; each finding below is tied to stored wording.

Report confidence: 84%
Content format: opinion
Evidence findings: 5
Sentences checked: 116
Method: origin-framing-v2

Outlet context is separate libertarian-right (+55, 60% confidence). This profile does not change the article grade.

Evidence behind the grade

Decision pressurebody

+5 · 82% confidence

The Court should grant review and restore the constitutional line between advocacy and violence.

The wording urges a conclusion or action rather than only describing the reported facts. Its weight is reduced because this article is identified as opinion.

Decision pressurebody

+5 · 82% confidence

Those inclined to applaud today's result should consider how the same rule will operate in tomorrow's case.

The wording urges a conclusion or action rather than only describing the reported facts. Its weight is reduced because this article is identified as opinion.

Sweeping generalizationbody

+10 · 78% confidence

The assailant has never been identified.

The wording makes a broad claim that may exceed the evidence described in the sentence.

Editorial voicebody

+4 · 68% confidence

The Supreme Court has already called the constitutional issue presented here "undeniably important": whether the First Amendment tolerates a negligent-protest theory that substitutes the mere foreseeability of a stranger's violence for intent.

The sentence states an evaluation in the narrator's voice instead of attributing it to a named source. The cue appears in attributed or quoted language, so its score is reduced.

Editorial voicebody

+4 · 68% confidence

From Fifth Circuit Judge Don Willett, joined by Judges Carl Stewart, James Graves, Stephen Higginson, Dana Douglas, and Irma Carrillo Ramirez, dissenting on Thursday from denial of rehearing en banc: The Supreme Court has already called the constitutional issue presented here "undeniably important": whether the First Amendment tolerates a negligent-protest theory that substitutes the mere foreseeability of a stranger's violence for intent.

The sentence states an evaluation in the narrator's voice instead of attributing it to a named source. The cue appears in attributed or quoted language, so its score is reduced.

Useful context, not penalties

Opinion format 1
Argumentative wording is expected in this format, so narrator-voice and decision-pressure cues receive reduced weight.
Uncertainty qualifiers 2
Qualifiers such as may, might, or reportedly are disclosed as technique but do not add framing-risk points by themselves.

Yet today the court sends Mckesson to trial—not because evidence connects him to the assault, but because he was a prominent activist, allegedly helped lead demonstrators into a roadway, and could have foreseen that disorder might follow.
Attributed framing cues 2
Attributed or quoted cues remain visible, but their score contribution is reduced to avoid assigning a speaker's wording to the reporter.

The Supreme Court has already called the constitutional issue presented here "undeniably important": whether the First Amendment tolerates a negligent-protest theory that substitutes the mere foreseeability of a stranger's violence for intent.

What this grade does and does not mean

This grade evaluates wording and reader-steering cues, not factual accuracy.
The outlet's general profile is separate context and does not affect this article grade.
Potential omissions require comparison with other reporting and are not graded from one article alone.