Sunday, July 28, 2019

There is still some justice in the country

A federal judge on Friday dismissed a [ $250] million dollar defamation lawsuit against The Washington Post over its coverage of an interaction between a Kentucky high school student and a Native American activist on the National Mall, which gained national attention after the video went viral.

[...]

In the viral video, Sandmann appears to be wearing a Make America Great Again hat while smirking and staring down an older Native American man as he sings and beats a drum. The interaction hit a nerve on social media and Sandmann was castigated for apparently intimidating a person of color.

[...]

Judge William O. Bertelsman dismissed the suit, stating that the Post's coverage was protected as free speech and rejecting Covington Catholic High School student Nicholas Sandmann's argument that the newspaper implied inaccurately that Sandmann had behaved in a menacing or violent way. The Post had quoted the activist, a veteran named Nathan Phillips, who said Sandmann stood in his way to get to the Lincoln Memorial in the Jan 19 incident.

Bertelsman wrote that though Phillips' claim may have been inaccurate, the Post had a right to publish it. The Post couldn't be sued for defamation simply if some of its reporting was inaccurate, he wrote, rather it had to both false and defamatory.

[...]

He added that many of the statements that Sandmann alleged were defamatory were not actually about him but about the students as a whole.

[...]

Bertelsman also dismissed Sandmann's wider targeting on social media being taken into account.

"And while unfortunate, it is further irrelevant that Sandmann was scorned on social media," Bertelsman wrote.

  Politico
He should be scorned again. Along with his lawyer.

...but hey, do what you want...you will anyway.

UPDATE 7/28:  And they didn't stop there.  But they still lost...


Was this second round after having lost the first an indication of an incompetent attorney, or a stupid, arrogant little shit and his family who for some reason thought they could win the same kind of case against the same kind of defendants?  I have a feeling they were getting crowd-funded by fellow fascists and it cost them nothing to press another case. And they may have even made money in the bargain.

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