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  "path": "/2026/03/24/5th-circuit-flips-cop-v-protester-case-to-jury-after-spending-7-years-pretending-the-1st-amendment-doesnt-exist/",
  "publishedAt": "2026-03-24T16:25:05.000Z",
  "site": "https://www.techdirt.com",
  "tags": [
    "1",
    "1st amendment",
    "5th circuit",
    "black lives matter",
    "deray mckesson",
    "free speech",
    "new orleans",
    "protests"
  ],
  "textContent": "“Exhaustion” is a legal term. It means plaintiffs need to explore the rest of their options before asking a court to handle their case or ask a higher court to handle a case the lower court has declared not quite exhausted enough. “Exhaustion” is also a human term. And that’s where we are with this […]",
  "title": "5th Circuit Flips Cop V. Protester Case To Jury After Spending 7 Years Pretending The 1st Amendment Doesn’t Exist"
}