Just before becoming president, Trump paid out $25 million to settle three lawsuits brought against Trump University. Trump's lawyers claimed that he can not be held liable for his supporters actions, despite yelling "Get 'em out of here", to the crowd at the Kentucky International Convention Center.
Trump's lawyers argued that his use of the words "get 'em out of here" had an obvious alternative explanation, which was to have security personnel escort the protesters out.
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.
Citing case law from tumultuous 1960s race riots and other student protests, Hale rejected motions to dismiss the pending complaint against Trump and three supporters in the crowd that was filed by three protesters after a March 1, 2016, campaign rally in Louisville. "It was an order, an instruction, a command.Trump's statement at least implicitly encouraged the use of violence or lawless action".
The incident, caught on video, went viral, and a little more than a month later, the protesters - Kashiya Nwanguma, Molly Shah, and Henry Brousseau - sued Trump for damages.
But Judge David J. Hale insisted that a previous Supreme Court ruling had made it clear that the First Amendment does not offer constitutional protections for speech that incites violence.
In another case filed against Trump just before the inauguration for harassment, he attempted to claim presidential immunity from civil suits based on a supremacy clause in the United States constitution.
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 men weren't employed by Trump or his campaign and therefore weren't under his control during the rally, Hale wrote.
"If anything, they should have been arrested", he said of the protesters.
Hale wrote, "While the words themselves are repulsive, they are relevant to show the atmosphere in which the alleged events occurred".
"In sum, the court finds that plaintiffs have adequately alleged that their harm was foreseeable and that the Trump defendants had a duty to prevent it", the judge ruled, referring the case to a federal magistrate, Judge H Brent Brennenstuhl, to handle preliminary litigation, discovery and settlement efforts.