Covington student's lawsuit against Washington Post reinstated

[Sidewinder]

October 28, 2019 - 10:26 PM EDT
Judge reinstates part of lawsuit filed by Covington student against Washington Post
BY JUSTIN WISE

A federal judge has reinstated part of a lawsuit against The Washington Post alleging that the newspaper defamed a Kentucky teen in its coverage of an encounter between high school students and a Native American activist.

Judge William O. Bertelsman on Monday ruled that the case could enter the discovery phase and that a small part of the initial lawsuit could proceed. The decision came just months after Bertelsman dismissed the case on grounds that The Post's reporting on the matter was protected by the First Amendment.

The family of Nicholas Sandmann, a Covington Catholic High School student, sued The Post for $250 million in damages in February over its coverage of the teen and his classmates' encounter with a Native American elder in Washington, D.C. The suit accused the newspaper of having "targeted and bullied" Sandmann and of publishing a "a series of false and defamatory print and online articles" about the incident.

Phillips had claimed that Sandmann blocked his ability to move, though Sandmann has denied doing so, The Post noted.

Bertelsman in July cited statutes protecting opinion while dismissing the 33 statements that Sandmann's family had sued The Post over. He also cited case law while arguing that statements in articles on Sandmann needed to be “more than annoying, offensive or embarrassing

“Few principles of law are as well-established as the rule that statements of opinion are not actionable in libel actions,” Bertelsman wrote. “The statements that Sandmann challenges constitute protected opinions that may not form the basis for a defamation claim.”

After reviewing an amended complaint, Bertelsman ruled Monday that three statements related to The Post's coverage of Phillips' claim that Sandmann "blocked" Phillips warranted further review.

"These three statements state that (Sandmann) 'blocked' Nathan Phillips and 'would not allow him to retreat,'" Bertelsman wrote. "Suffice to say that the Court has given this matter careful review and concludes that 'justice requires' that discovery be had regarding these statements and their context. The Court will then consider them anew on summary judgment."

I say this is good. The Post defamed an underage individual for something he didn't do, in ways that can have literally life-threatening consequences, i.e., Nicholas Sandmann may be subjected to vigilante attacks and even lynched as misguided individuals attempt to "punish" him.

Comments?

[madd0ct0r]

I think, given how white and MAGA sandmann and his backers are, the choice of the word 'lynched' is interesting.

Is there any evidence at all of left wing vigilante attacks on minors in the USA?

[Gandalf]

I think, given how white and MAGA sandmann and his backers are, the choice of the word 'lynched' is interesting.

Is there any evidence at all of left wing vigilante attacks on minors in the USA?

I think angry right wingers are trying to create their own George Tiller.

[Sidewinder]

Is there any evidence at all of left wing vigilante attacks on minors in the USA?

I found multiple articles reporting Nicholas Sandmann received death threats after the video went viral, on Independent, Newsweek, Washington Examiner, etc. Even if he's lying, is this a risk you think we should ignore?

If a right-winger threatened to commit mass murder of non-white youths, as the KKK allegedly did, would you ignore the threat? If no, why are you ignoring the threat the left-wingers pose to the Covington Catholic High School students?

[Darth Yan]

Because Covington’s an arrogant little shit and the number of left wingers victimizing right ringers PALES next to the number of times right wingers attack left wingers.

[Alyrium Denryle]

Is there any evidence at all of left wing vigilante attacks on minors in the USA?

I found multiple articles reporting Nicholas Sandmann received death threats after the video went viral, on Independent, Newsweek, Washington Examiner, etc. Even if he's lying, is this a risk you think we should ignore?

If a right-winger threatened to commit mass murder of non-white youths, as the KKK allegedly did, would you ignore the threat? If no, why are you ignoring the threat the left-wingers pose to the Covington Catholic High School students?

Statistically? We can, if not ignore it, not lose our shit over it. People left of Hillary Clinton in the US do not typically actually do such things, even if they might write an angry email or eight. On the right, they actually do sometimes kill someone.

Left wing violence in the US is typically defensive. As in, there are Nazis about to bash someone, so antifascists bash them first. And when it isn't, well, it's Richard Spencer getting punched in the face for advocating genocide in public. So fuck him. There is no moral equivalency between fascist scum, and antifascists.

[The Romulan Republic]

Well, there was that one guy who shot up the Congressional baseball game, he was a Sanders supporter-turned-Green IIRC.

But frankly, the line between Bernie-or-Buster and Trumper is blurry as all hell, often.

[Sidewinder]

Because Covington’s an arrogant little shit and the number of left wingers victimizing right ringers PALES next to the number of times right wingers attack left wingers.

All Nicholas Sandmann- who, I should remind you, was 16 at the time the video was made- did was stand in place and smile as Nathan Phillips approached him and beat a drum. Sandmann was NOT being verbally or physically violent, but the Washington Post's defamation may deny him options for getting an honest job when he becomes an adult, FORCING him to become violent, i.e., become a criminal just to survive.

Are you blind to the risk the left-wing is CREATING the very Nazis it claims to oppose, i.e., repeating the mistakes the right-wing made a half-century ago?

[Darth Yan]

He's a privileged white boy with money. He always has mommy and daddy to bail him out

That's complete crap. The right wing were being assholes LONG before antifa. These are the guys who insist black people who get shot by the cops ev hen if video footage proves the black people did nothing wrong. They were ALREADY Nazis or had sympathies to nazi aligned viewpoints. Trump just brought poisonous views out into the open.

I'll say it again, nine times out of ten it's the RIGHT wing who are picking fights not the left wing.

At best it's like Agent Liberty in Supergirl. While the guy does get a few unfair shakes (being accused of being part of a lynch mob when he was trying to stop it, loosing his house) it's made VERY clear that his misery is either self inflicted (he gets fired because he continues spouting bigoted rhetoric after being warned MULTIPLE times to cut it out) or he can't accept that his friends and loved ones were either idiots who ruined themselves through their stupidity (his father refused to update his methods in his steel factory to use alien technology despite the fact that the alien technology was simply BETTER, which causes his company to go under and jeopardize the family) or just bad people who deserved to be roughed up (steel workers who try to lynch alien workers are arrested and he's told "supergirl went very easy on them"...which given that they were trying to beat alien workers was entirely legitimate.)


Also Sandmann's smile was smarmy, condescending and rude at best. Hell I wouldn't be surprised of Sandmann WAS indeed guilty of everything he was accused of being and that the company the diocese hired was engaged in a shameless whitewash.

The kid's an obnoxious little goatfucker who deserves everything he's getting.

[Gandalf]

Are you blind to the risk the left-wing is CREATING the very Nazis it claims to oppose, i.e., repeating the mistakes the right-wing made a half-century ago?

How can the left create Nazis?

[Sidewinder]

Are you blind to the risk the left-wing is CREATING the very Nazis it claims to oppose, i.e., repeating the mistakes the right-wing made a half-century ago?

How can the left create Nazis?

The same way the right creates extremists, by denying "ideological rivals" (read: anyone who doesn't agree with them 100%) any legal recourse for settling disputes, and legal options for employment and advancement. Without these legal options, the other side will be forced resort to crime, e.g., stealing, dealing drugs, and committing other crimes just to put food on their tables; and forming lynch mobs to "right wrongs committed against them," instead of calling the police (to report crimes) or a lawyer (to sue a defamer).

[Darth Yan]

Are you blind to the risk the left-wing is CREATING the very Nazis it claims to oppose, i.e., repeating the mistakes the right-wing made a half-century ago?

How can the left create Nazis?

The same way the right creates extremists, by denying "ideological rivals" (read: anyone who doesn't agree with them 100%) any legal recourse for settling disputes, and legal options for employment and advancement. Without these legal options, the other side will be forced resort to crime, e.g., stealing, dealing drugs, and committing other crimes just to put food on their tables; and forming lynch mobs to "right wrongs committed against them," instead of calling the police (to report crimes) or a lawyer (to sue a defamer).

Except that the Right Wing LOVES to cry victim; if Sandmann is guilty than he deserves everything he gets

[madd0ct0r]

Is there any evidence at all of left wing vigilante attacks on minors in the USA?

I found multiple articles reporting Nicholas Sandmann received death threats after the video went viral, on Independent, Newsweek, Washington Examiner, etc. Even if he's lying, is this a risk you think we should ignore?

If a right-winger threatened to commit mass murder of non-white youths, as the KKK allegedly did, would you ignore the threat? If no, why are you ignoring the threat the left-wingers pose to the Covington Catholic High School students?

Oh, i dont think it should be ignored. Im a big fan of personal responsibility for speech. Death threats have no place in the discourse.

I am not actually worried about him being killed in the short term. I think it is just more of the same "the left are violent" meme some in America clutch to. The idea is you had to borrow "lynched" becuase the WASPs have never faced that kind of system adjacent mob prejudice.

I am also amused by a maga supporter pursuing legal routes over alleged factual inaccuracies. Its an amusing precedent. I wonder if it will lead to greater amounts of truth or supression of reportage?

[Alyrium Denryle]

Are you blind to the risk the left-wing is CREATING the very Nazis it claims to oppose, i.e., repeating the mistakes the right-wing made a half-century ago?

How can the left create Nazis?

The same way the right creates extremists, by denying "ideological rivals" (read: anyone who doesn't agree with them 100%) any legal recourse for settling disputes, and legal options for employment and advancement. Without these legal options, the other side will be forced resort to crime, e.g., stealing, dealing drugs, and committing other crimes just to put food on their tables; and forming lynch mobs to "right wrongs committed against them," instead of calling the police (to report crimes) or a lawyer (to sue a defamer).

That is not what created the Nazis. Lots of actual scholarship has gone into what created the Nazis, not the insane ad hoc bullshit created by fox news to smear the left. None of it is "ZOMG the left is mean, let's invade poland and slaughter the jews!"

[Elfdart]

Don't play dumb. Everyone knows about The Left's new weapon, concocted and forged with all the lethal cunning Zoe Quinn, Noam Chomsky, Alexandria Ocasio-Cortez and Susan Sarandon could muster, turns nice guys into Nazis:

CONCRETE MILKSHAKES!

[Darth Yan]

Don't play dumb. Everyone knows about The Left's new weapon, concocted and forged with all the lethal cunning Zoe Quinn, Noam Chomsky, Alexandria Ocasio-Cortez and Susan Sarandon could muster, turns nice guys into Nazis:

CONCRETE MILKSHAKES!

Wha? No seriously. What?

[Gerald Tarrant]

Wha? No seriously. What?

There were some accusations that Antifa in Portland was lobbing milkshakes with concrete mix in them at counter protestors. Andy Ngo this. And apparently right wingers decided since he'd been beaten it was bad to question his report. It starts to get weird where counter demonstrators are were reporting burns or rashes to what they were getting hit with. Magic voodoo milkshakes apparently, the cause of what ales ya'.

[Gerald Tarrant]

That should read that Andy Ngo claimed this.

[mr friendly guy]

Don't play dumb. Everyone knows about The Left's new weapon, concocted and forged with all the lethal cunning Zoe Quinn, Noam Chomsky, Alexandria Ocasio-Cortez and Susan Sarandon could muster, turns nice guys into Nazis:

CONCRETE MILKSHAKES!

Wha? No seriously. What?

Its based on a report by right wing hack "journalist" Andy Ngo. Antifa were putting concrete into milkshakes which they were drinking and then throwing them. Yes, they drink milkeshakes with concrete in them. Because, Antifa.

Andy Ngo was bashed during one of these protests so right wingers got all outraged and didn't questioned his narrative. Actually even if he wasn't, they wouldn't question anyway. It was then revealed Ngo had been doxxing political opponents so when Antifa recognised him, they bashed him up. That's one way of preventing doxxing. Subsequently we find video records of Andy Ngo hanging out with white supremacists while they openly talk about committing violence against Antifa, but Ngo for some reason keeps quiet. Because journalism, or something.

[Elfdart]

Anyone who has ever seen wet concrete knows this whole OMG CONCRETE MILKSHAKES bugaboo is insane bullshit, even by neo-Nazi standards.

[Surlethe]

Also Sandmann's smile was smarmy, condescending and rude at best. Hell I wouldn't be surprised of Sandmann WAS indeed guilty of everything he was accused of being and that the company the diocese hired was engaged in a shameless whitewash.

The kid's an obnoxious little goatfucker who deserves everything he's getting.

Based on... his smile in a video? How is that not an argument from resting bitch face?

[Darth Yan]

I knew about Andy Ngo but not about the concrete milkshakes.

And the smile seemed more like a smarmy smirk rather than irritation. Add that these kids were MAGA supporters and I wouldn't be surprised.