TORT LIABILITY FOR PHYSICAL HARM TO POLICE ARISING FROM PROTEST: COMMON-LAW PRINCIPLES FOR A POLITICIZED WORLD.

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    • Abstract:
      This document explores the issue of tort liability for physical harm to police officers arising from protests. It acknowledges the importance of protest in a democratic society but raises concerns about the suppression of protest through criminal law and civil liability. The document discusses examples of tort liability being used to suppress protest, both in the United States and abroad, and emphasizes the need for courts to balance the rights of protesters with the safety and well-being of police officers and bystanders. It also discusses the evolution of tort liability for firefighters and police officers, highlighting three key factors that have contributed to the broadening of liability. The document further explores the concept of risk creation by protesters and the potential risks and liabilities associated with protests. It discusses the intersection of tort law and constitutional law, emphasizing the need for precision in regulating protester liability while respecting First Amendment rights. The document also discusses the relationship between free speech and negligence liability in cases involving physical harm, highlighting the factors that courts should consider in determining liability. It concludes by emphasizing the need for a consistent framework for analysis to promote transparency and ensure justice for injured parties while respecting constitutional rights. [Extracted from the article]
    • Abstract:
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