Appeals Court Tosses Lawsuit Arguing Trump Incited Violence at Rally

The Sixth US Circuit Court of Appeals ruled that protesters attacked at a 2016 Trump campaign rally in Louisville (KY) can’t proceed with a lawsuit alleging Donald Trump incited the violence with inflammatory remarks. “Get ’em out. Get ’em out of here,” Trump said of protesters at the event. “Get ’em the hell out,” he said several minutes later, then added, “Don’t hurt ’em. See, if I say, ’Go get ’em,’ I get in trouble with the press.” Video clips from the rally show protesters being pushed and shoved by audience members.

The court said then-candidate Trump’s comments didn’t rise to the level of inciting a riot, as the protesters claimed in their lawsuit. The court also ruled that Trump’s remarks enjoyed First Amendment protection “because he did not specifically advocate imminent lawless action.” Lawyers for the protesters had argued Trump’s remarks should be evaluated in the context of other statements preceding the rally in which the presidential candidate appeared to condone rough treatment of protesters. This ruling reversed a trial-court decision that declined to dismiss the claims against the candidate.