(CNN) Three people who were pushed and shoved while protesting at a 2016 Donald Trump campaign rally cannot sue the President for inciting the crowd, a federal appeals court has ruled.

The three-judge panel ruled unanimously Tuesday in favor of the President , saying that Trump saying "Get 'em out of here" during the rally in Louisville, Kentucky, was not a valid claim of "incitement to riot," which is a misdemeanor under Kentucky law.

Kashiya Nwanguma, Molly Shah and Henry Brousseau attended a rally for Trump on March 1, 2016, to "peacefully protest" the then-candidate. Nwanguma was carrying a sign with Trump's head on a pig's body, according to multiple news reports

After Trump said "Get 'em out of here," several members of the audience -- including Matthew Heimbach, a representative of the white nationalist Traditionalist Workers Party, and Alvin Bamberger -- began to attack the protesters, according to a judge's ruling last year.

The three protesters accused Heimbach and Bamberger of assault and battery and pressed charges of incitement to riot, negligence, gross negligence and recklessness against the Trump campaign.

Read More