U.S. President Donald Trump on Tuesday won the dismissal of an “inciting to riot” claim.

The claim was brought by three protesters who said they were roughed up at a March 2016 rally in Louisville, Kentucky. Trump was campaigning for the White House. By a 3-0 vote, the 6th U.S. Circuit Court of Appeals said the protesters did not state a valid claim under Kentucky law. Adding Trump was protected by the First Amendment.

Reuters says a lower court judge had refused to dismiss the incitement-to-riot claim. But allowed the Trump defendants an immediate appeal.