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Judge Makes Decision In Covington Student Sandmannís Case Against Washington Post

Carmine Sabia

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7-26-19

Judge Makes Decision In Covington Student Sandmannís Case Against Washington Post

A Federal Judge in Kentucky has made a decision in the case of Covington High School student Nicholas Sandmann versus The Washington Post.

The judge dismissed the lawsuit in which Sandmann and his attorney had asked for $250 million for defamation, Fox News reported.

The lawsuit claimed the Post falsely labeled Sandmann a racist by publishing articles that “falsely accused Nicholas of … ‘accost[ing]’ Phillips by ‘suddenly swarm[ing]’ him in a ‘threaten[ing]’ and ‘physically intimidat[ing]’ manner … ‘block[ing]’ Phillips path, refusing to allow Phillips ‘to retreat,’ ‘taunting the dispersing indigenous crowd,’ [and] chanting, ‘Build that wall,’ ‘Trump2020,’ or ‘Go back to Africa.'”

The suit, which called for $250 million in compensatory and punitive damages, accused the paper of practicing “a modern-day form of McCarthyism” by targeting Sandmann and “using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles … to smear a young boy who was in its view an acceptable casualty in their war against the president.

Sandmann’s lawsuit was based on seven articles and three Tweets that appeared on The Post’s website and social media pages after the January incident.

 

The judge ruled that in the initial news coverage of the incident, The Post never mentioned Sandmann by name and instead only referred to groups of “hat wearing teens” and other classifications that did not point to Sandmann’s involvement specifically, saying “the words used contain no reflection upon any particular individual” and thus could not constitute as defamation.

In addition, the court ruled that the newspaper used language that was “loose, figurative,” and “rhetorical hyperbole” which the judge determined is protected by the First Amendment.

The Sandmann family said they would be asking the appellate court to review the trial court’s decision on appeal, Todd McMurtry, co-counsel for the Sandmann family told Fox News in a statement.

“I believe fighting for justice for my son and family is of vital national importance. If what was done to Nicholas is not legally actionable, then no one is safe,” Sandmann’s dad Ted said.

“The law must protect innocent minors targeted by journalists publishing click-bait sensationalized news,” co-counsel for the Sandmann family, Todd McMurtry, said inastatement.

“This is especially true in the current hyper-partisan political environment,” the attorney said, Fox News reported.

Sandman still has suits pending against CNN and NBC for defamation and there is no indication that they have been dismissed.

Original story.

Covington teen Nick Sandmann, through his attorney, has just sued the Washington Post for $250 million, and warned “this is only the beginning,” the Daily Wire reports:.

“Today, Lin Wood and Todd McMurtry filed their first lawsuit on behalf of Nicholas Sandmann against The Washington Post,” Sandmann’s lawyers said in a statement. “The lawsuit filed is included below. The suit seeks $250 million in both compensatory and punitive damages. Lin and Todd will continue to bring wrongdoers before the court to seek damages in compensation for the harm so many have done to the Sandmann family. This is only the beginning.”

This is how you fight back against the leftist media bullies. Sue them, and sue them again!

“In targeting and bullying Nicholas by falsely accusing him of instigating the January 18 incident, the Post conveyed that Nicholas engaged in acts of racism by “swarming” Phillips, “blocking” his exit away from the students, and otherwise engaging in racist misconduct,” the lawsuit continued. “The Post ignored basic journalist standards because it wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump (“the President”) by impugning individuals perceived to be supporters of the President.”

No question, the mainstream media has abandoned all sense of journalistic integrity because of their hatred for the President Trump.

“Today, @LLinWood and I filed a suit seeking $250 million dollars in damages on behalf of Nicholas Sandmann against The Washington Post,” attorney Todd V.

McMurtry tweeted. “This is just the first of many.”

The media that targeted the Covington teens should be shaking in it’s proverbial boots!

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$250 Million Nick Sandmann Lawsuit Against Washington Post For Defamation Dismissed by Federal Judge

This article was sourced from The Gateway Pundit

 

83-year-old U.S. District Judge William Bertelsman, a Jimmy Carter appointee dismissed the $250 million lawsuit filed by Covington Catholic student Nick Sandmann against the Washington Post.

Cincinnati.com reported:

The $250 million lawsuit filed by Nick Sandmann against the Washington Post has been dismissed by a federal judge.

U.S. District Judge William Bertelsman, who heard oral arguments earlier this month, issued the ruling on Friday in the case that garnered national attention. Nick became embroiled in a divisive response to an encounter between him, his Covington Catholic High classmates and Native Americans on the National Mall.

The Washington Post, in a statement, said it was pleased by the dismissal.

“From our first story on this incident to our last, we sought to report fairly and accurately the facts that could be established from available evidence, the perspectives of all of the participants, and the comments of the responsible church and school officials,” The Post said through a spokesperson.

Lin Wood, the high-profile attorney representing Covington Catholic student Nick Sandmann, filed a $250 million lawsuit against the Washington Post for defamation in February.

The lawsuit claims that the paper “vilified” the student that was seen in a viral video being confronted by far-left activist Nathan Phillips because of the fact that he is white.

Filed in the U.

S. District Court in Kentucky, the 38-page complaint says that “the Post wrongfully targeted and bullied Nicholas because he was the white, Catholic student wearing a red ‘Make America Great Again’ souvenir cap on a school field trip to the January 18 March for Life in Washington, D.C. when he was unexpectedly and suddenly confronted by Nathan Phillips (‘Phillips’), a known Native American activist, who beat a drum and sang loudly within inches of his face (‘the January 18 incident’).”

The Sandmann family is planning to appeal Judge Bertelsman’s ruling, according to attorney L. Lin Wood.

Attorney Robert Barnes, who is representing other people involved in Covingtongate in a separate suit said Friday’s ruling will not stop the suit for the other boys he represents.

Covington teen’s $250M suit against the Washington Post dismissed

This article was sourced from NYpost

The $250 million defamation lawsuit filed by Covington Catholic High School student Nicholas Sandmann against the Washington Post was dismissed Friday.

Attorneys for the Kentucky teen — who was filmed earlier this year in January wearing a MAGA hat in a viral standoff with Native American activist Nathan Phillips in Washington, DC — claimed the newspaper’s coverage of the incident led to a “mob of bullies which attacked, vilified & threatened” Sandmann.

But US District Judge William Bertelsman tossed the suit, saying the paper was within its rights to publish Phillips’ views that the teen was deliberately blocking his path — even if that wasn’t the case.

“The Court accepts Sandmann’s statement that, when he was standing motionless in the confrontation with Philip’s his intent was to calm the situation and not to impede or block anyone,” Bertelsman wrote in a ruling.

“However, Phillips did not see it that way. He concluded that he was being ‘blocked’ and not allowed to ‘retreat,’” the ruling read. “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, for the reasons discussed in this Opinion.”

The Kentucky student was with his class in the nation’s capital taking part in an anti-abortion rally on Jan. 18 when he was confronted by Philips — and subsequent footage of Sandmann and his classmates appearing to surround the older man led to fierce criticism of the teens online.

Sandmann’s lawsuit had claimed that the Washington Post “ignored the truth and falsely accused Nicholas of, among other things, ‘accost[ing]’ Phillips by ‘suddenly swarm[ing]’ him in a ‘threaten[ing]’ and ‘physically intimidat[ing]’ manner.

Sandmann has brought similar lawsuits against NBC and CNN.

Teacher Who Tweeted About Covington Student Leaves District With Payout, Vacation

This article was sourced from Washington Free Beacon

 

Michelle Grissom, a Colorado teacher who called a Covington Catholic student a member of the "Hitler Youth," has left the school district with a payout and paid vacation.

Grissom came to an agreement with Douglas County School District last week in which she will receive $25,000 in addition to the 14 weeks of paid time off that she already received, according to KUSA television.

Earlier this year, Grissom stepped into controversy with her comments on social media about the Covington Catholic students. The students came under fire after a video of their tense encounter with a Native American man went viral. When the video began to go viral, Grissom wrongly identified a student at Covington Catholic as being the instigator. She proceeded to put his name online and called him "Hitler Youth." The student named by Grissom was at a basketball game in Kentucky when he was accused, his family said.

"His name is [redacted]. His twitter account is closed to non followers so we won't interfere with his training in the #HitlerYouth," Grissom's tweet read.

After the error, Grissom deleted her Twitter account and resigned from the teacher's union board.

The school district also placed her on paid leave.

Since then, the school district and Grissom were in negotiations about her continued employment. According to the agreement, her resignation became official on May 1 and she is prohibited working for the Douglas County School District again.

"We believe the agreement is in the best interest of the Douglas County School District as it addresses our community's concerns regarding Ms.

Grissom's continued employment, avoids the distraction of the ongoing dismissal litigation, and ends the continued expense and uncertainty involved in the teacher dismissal process," the superintendent, Dr. Thomas S. Tucker,

This article was sourced from TheFederalistpapers

https://www.blabber.buzz/conservative-news/624618-judge-makes-decision-in-covington-student-sandmanns-case-against-washington-post-special?utm_source=c-alrt&utm_medium=c-alrt-email&utm_term=c-alrt-GI