On Friday, the Fifth Circuit handed down its latest decision in Doe v. Mckesson, the case at the heart of this crusade against the First Amendment. Under the Fifth Circuit’s latest approach, a protest organizer who commits even a minor legal violation — in this case the court faulted Mckesson for leading a protest “in front of the Baton Rouge police station” and for attempting “to block a public highway” — may potentially be held liable for the illegal actions of someone else who attended the protest.

This decision attempts to overturn precedent established in 1982 protecting protest organizers from any criminal activity of people attending the protest. No bets on how the Supreme Court will land on this one. The usual suspects (Alito, Thomas, etc) will probably side with the Fifth Circuit decision, so the question is will Roberts be the swing vote? Court rooms should not be gambling dens.