Civil Liberties Expert Says Kenosha Militia Case Has Merit if Facts Hold Up

Sept. 24, 2020 8:45p

(WGTD)---An expert on civil liberties at UW-Madison says part of a federal lawsuit that was filed this week by several Jacob Blake demonstrators against three right-wing militia members and Facebook may have merit if the facts hold up.

The protesters claim their free speech rights were infringed upon by the actions of armed, white males who showed up on the third night of protests in the Civic Center Park area following the police shooting. An Illinois teenager, who is one of the defendants, is accused of firing the shots that killed two demonstrators and injured a third. 

Professor Emeritus Donald Downs says if the plaintiffs genuinely felt threatened and intimidated then they may have a case, as long as the plaintiffs themselves weren't involved in criminal activity.

The lawsuit says the militia members "were combative, aggressively trailing protestors in a belligerent and threatening manner and kenneling protestors into certain areas that were chaotic and unsafe."

In a phone interview, Downs said the plaintiffs may have a harder time going after Facebook because the social media giant has immunity under the law. Some of those protections, he added, are currently under attack in Congress and elsewhere. 

The lawsuit asks for injunctive relief and damages. 

The defendants include former Kenosha Ald. Kevin Mathewson who, as the self-appointed leader of a group he called "The Kenosha Guard," encouraged militia members to come to the city in response to the riots. 

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