Judge to Trump: No protection for speech inciting violence

John Bazemore

John Bazemore

April 2 (UPI) - A federal judge, ruling against the dismissal of a lawsuit brought by protesters regarding injuries allegedly sustained during a Donald Trump campaign rally in Louisvile, Ky., said the future president was "particularly reckless" in suggesting his supporters use violence.

Trump's lawyers have claimed that when the candidate said "Get 'em out of here", he didn't intend for his supporters to use force.

Three protesters at a Trump rally-two women and a teenage boy-claim they were assaulted by three men after Trump encouraged them to do so from his podium last March. The footage shows Trump pointing at the protesters and saying repeatedly, "Get 'em out".

In his opinion Friday, U.S. district Judge David Hale disagreed. Hale found ample facts supporting allegations that the protesters' injuries were a "direct and proximate result" of Trump's actions, and noted that the Supreme Court has ruled out constitutional protections for speech that incites violence.

The incident in question came down at a rally in Louisville in March of 2016, when Trump yelled "get 'em out of here" at an event where protestors had filled the crowd. "It was an order, an instruction, a command". The court document cited a letter penned by Bamberer, saying: "Trump kept saying "get them out, get them out" and people in the crowd began pushing and shoving the protestors..."

The attackers named in the lawsuit include Matthew Heimbach, a member of a white supremacist group, and Alvin Bamberger, a member of the Korean War Veterans Association in Ohio.

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During a Trump rally in Louisville previous year, Trump repeatedly told his supporters to remove protesters from the rally.

Molly Shah talks about the complaint she filed after treatment at the Trump rally in Louisville. Hale said because the men weren't employed by Trump or his campaign, they weren't under his control during the rally.

Judge Hale declined to remove from the lawsuit the allegation by the plaintiffs that one of them, Nwanguma, an African American, was subjected to racial, ethnic and sexist abuse at the rally.

The judge, however, countered that under the law, every person has a duty to every other person to use care to prevent foreseeable injury.

While does not mean that the lawsuit against Trump will eventually be successful, the judge agreed that the plaintiffs had made sufficient case for it to go forward.

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