Federal judge reinstates libel lawsuit filed by Covington Catholic teen against Washington Post
Source: Washington Post
A federal judge reinstated part of a lawsuit against The Washington Post filed by the family of a Kentucky teenager that alleged the newspaper libeled the teen in its coverage of his encounter with a Native American activist at the Lincoln Memorial earlier this year. Judge William O. Bertelsman, who rejected the suit in July on First Amendment grounds, said Monday he would allow it to go forward, but narrowed its scope from 33 published statements to three.
The family of Nicholas Sandmann filed suit against The Post in February, alleging that the paper targeted and bullied the 16-year-old in articles about his role in an incident involving Nathan Phillips, a Native American advocate. The family sought $250 million in damages. Sandmann was on a school trip with classmates from Covington Catholic High School in Kentucky when the students encountered Phillips on the memorials steps. Sandmann and some of his classmates were wearing red Make America Great Again hats as they chanted school cheers and Phillips, beating a small drum, approached them.
Videos and news accounts, including in The Post, sparked a heated national debate over what happened next. Phillips claimed Sandmann, who stood in Phillips path, had blocked Phillips progress. Sandmann later denied doing so, saying he had acted respectfully and had no intention of impeding Phillips. Bertelsman had thrown out the Sandmanns claims three months ago, ruling that none of the 33 statements theyd sued over were defamatory and that the majority constituted protected opinion.
The court accepts Sandmanns statement that, when he was standing motionless in the confrontation with Phillips, his intent was to calm the situation and not impede or block anyone, the judge wrote in July. However, Phillips did not see it that way. He concluded that he was being blocked and not allowed to retreat. He passed these conclusions on to The Post. They may have been erroneous, but .?.?. they are opinion protected by the First Amendment. And The Post is not liable for publishing these opinions. But the judge reconsidered on Monday, saying he would permit discovery to proceed on three statements contained in Post articles, specifically that Sandmann had blocked Phillips as he ascended the memorials stairs and would not allow him to retreat. Bertelsman didnt explain why he reconsidered and found these statements to be potentially defamatory now.
Read more: https://www.washingtonpost.com/lifestyle/style/federal-judge-reinstates-libel-lawsuit-filed-by-covington-catholic-teen-against-washington-post/2019/10/28/30155c52-f9ae-11e9-ac8c-8eced29ca6ef_story.html
Hunt 4 Blue November
(36 posts)MustLoveBeagles
(11,563 posts)Nathan is a far better man than these little MAGAT's could ever hope to be. He was telling the truth and I hate the way he was gaslighted by the media.
alp227
(31,962 posts)Because he used "Vietnam times veteran" and other such wording that could be easily interpreted to mean (falsely) that he served overseas during the Vietnam war.
Baltimike
(4,126 posts)atreides1
(16,047 posts)In accordance with the Vietnam Era Veterans' Readjustment Assistance Act of 1974, Phillips is classified as a Vietnam-era veteran.
I would say that "times" is another word for era...so Phillips was truthful!
He never said he served in Vietnam, did he?
Maybe to you the wording could be interpreted that way...being a veteran myself and the son of a father who served in Vietnam, I would know the difference.
Jake Stern
(3,145 posts)When, IIRC, his MOS was a refrigeration specialist. Essentially a glorified AC repairman.
keithbvadu2
(36,371 posts)2naSalit
(86,072 posts)NellieStarbuck
(265 posts). . . on raising a nasty, entitled, smirking little shitheel. I'm sure he'll make a good douchebag someday!
Evolve Dammit
(16,632 posts)playing victim. Enabled by like-minded parents who trained their son, friends, family and well-paid lawyers.
Tech
(1,766 posts)Hunt 4 Blue November
(36 posts)Tech,
SunSeeker
(51,378 posts)The asshole should still lose, regardless.
BlueMTexpat
(15,350 posts)to the bench by President Jimmy Carter in 1979. He attained senior status in 2001. https://en.wikipedia.org/wiki/William_Odis_Bertelsman
It's time for him to retire because this is a stupid decision.
bucolic_frolic
(42,680 posts)Let them discover nothing, and find there is nothing to rule on, if that's what it is, which is what it sounds like. There's no there there.
Scarsdale
(9,426 posts)The parents thought they found a way to enrich themselves, pay for this little shit's college tuition, with lots left over. Too bad they never taught their son to respect his elders. Where were the chaperones, by the way? One of them should have made this little snot back down, and get some manners. Typicl republican asshole. Maybe he will run for office one day, then get his free money.
Javaman
(62,444 posts)not the rich. they see a pay day.
greed is the only religion that requires no empathy.