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why a federal judge tossed Nick Sandmann's $250M defamation lawsuit against the Washington Post
The Blaze ^ | 07-27-19 | CHRIS ENLOE

Posted on 07/27/2019 8:28:42 AM PDT by McQ444

A federal judge in Kentucky tossed Covington Catholic High School student Nick Sandmann's massive defamation lawsuit against the Washington Post on Friday. What did the judge say? U.S. District Judge William Bertelsman said the Post was within its First Amendment rights to publish the subjective opinion of Native American Nathan Phillips, whose account of what happened on the Lincoln Monument fueled outrage against Sandmann and his classmates. "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 said in a 36-page opinion.

(Excerpt) Read more at theblaze.com ...


TOPICS: Local News; Miscellaneous
KEYWORDS: judiciary; maga; peanutboyjudge; sandmann; senilejudge
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To: McQ444

I’m frankly shocked. Bertlesman is a vindictive asswipe with a brain the size of a pea. But, something must have got to him. Maybe the bigshot out of town lawyer thing. Maybe he is anti-catholic.


41 posted on 07/27/2019 9:24:49 AM PDT by anton
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To: Political Junkie Too
The heading of the initail Washington POS article was the video of the confrontation between the frig indian and a then-anonymous Sandmann.

The 83-year-old fossil judge is too incompetent to understand that it was an open invitation by the WaPOS to doxx Sandmann.

That's OK. Be a shame if somebody doxxed Bertelman's family, seeing as how he's too incompetent to hide his particulars on the Internet.

Wonder if his grandson Nick got some strings pulled to "help" his lawyering career?

42 posted on 07/27/2019 9:28:06 AM PDT by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: anton

Probably a kiddie diddler, and he couldn’t get at Nick Sandmann.


43 posted on 07/27/2019 9:29:05 AM PDT by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: CaptainK

He ought to be Soylent Green.


44 posted on 07/27/2019 9:34:50 AM PDT by fieldmarshaldj (Who will think of the gerbils ? Just say no to Buttgiggity !)
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To: rhubarbk

Or like on Big Bang Theory:

Us Indian or Come to Our Casino Indian?


45 posted on 07/27/2019 9:40:24 AM PDT by chaosagent (Remember, no matter how you slice it, forbidden fruit still tastes the sweetest!)
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To: Fred Hayek

The more I learned about Means the more I liked the guy.

Bit of a wild man. But he argued for free economics and had no interest in Leftist welfare programs. He was looking for investment on the Rez, not hand outs and degradation. He testified as such to the Congress.

I look at the a**holes who run the tech comnpanies in this country and ask myself: if they have to give jobs to Indians, how about American Indians? Jobs on the Navajo rez would make sense. A bunch of Enviros keep trying to close the coal mines and power plants in Northern Arizona and their biggest opposition comes from the Navajo nation. So much for the social conscience of the Timmy Cook gang.


46 posted on 07/27/2019 9:43:25 AM PDT by Regulator
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To: McQ444

He tossed it out because he’s a Rat hack and considers the Post heroes for taking out Nixon. Yes he’s that old.


47 posted on 07/27/2019 9:45:03 AM PDT by gibsonguy
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To: kiryandil

“The 83-year-old fossil judge is too incompetent “

And Bob Mueller’s stellar job in the Congress the other day is the best argument for an age limit on the “lifetime” appointments.

60 used to be old when those “lifetime” appointments were written into the Constitution. People were still lucid when some minor illness killed them 230 years ago. That’s no longer the case. Now we have people writing opinions (or really, their law clerks) who have entire parts of their brains non-functional, and it’s entirely natural.

Mandatory retirement would be better for everyone.


48 posted on 07/27/2019 9:47:23 AM PDT by Regulator
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To: McQ444

36 pages to demonstrate how biased he is?

I guess he gets paid by the word.


49 posted on 07/27/2019 10:06:18 AM PDT by Sequoyah101 (We are governed by the consent of the governed and we are fools for allowing it.)
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To: Bob434

Some racket! <<

All in the name of “Freedom” of the press.....

without JC ethics the constitution means nothing...

the Founding Fathers understood that too....


50 posted on 07/27/2019 10:51:32 AM PDT by M-cubed
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To: McQ444

The simple act of-republishing makes the Washington Post just as liable as the original speaker. The judge is wrong.

A newspaper has an affirmative duty to investigate the facts before publishing a story. Allegations of fact under the guise of “opinion” are still allegations of fact.

The dismissal of this case will not stand.


51 posted on 07/27/2019 10:57:22 AM PDT by WASCWatch
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To: WASCWatch
I think the notion that "freedom of the press" refers to the trade of journalism is incorrect. Usage of the phrase "the press" to refer to newspapermen didn't originate until the early 1900s.

The origins of the first amendment reference to "freedom of the press" literally refers to the machine, the printing press.

All the rights of individuals in the first amendment should be taken together as different sides of the same concept:

"Journalism," or "the press" as they like to refer to themselves, is an amalgam of these rights. It's an industry that uses free speech and free press to report on the activities of government through the way government interacts with and impacts the people, as well as reporting on the assemblies of people with each other.

But ultimately, freedom of the press is the peoples' right to publish, not the Washington Post's right to special protections. If this judge is saying that the Washington Post has a right to publish innuendo and smear, then we ALL do.

-PJ

52 posted on 07/27/2019 11:14:47 AM PDT by Political Junkie Too (The 1st Amendment gives the People the right to a free press, not CNN the right to the 1st question.)
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To: McQ444
The Washington Post basically wrote a crappy point paper laying out their argument that they are right and Sandman is wrong by asserting a bunch of stuff as facts without evidence and then argued that based on all that, Sandman shouldn't be given a chance to present his own evidence in a trial. And this judge said "yeah, that makes sense to me. I trust the Washington Post on this one, no need to allow the plaintiff a chance to present evidence of their claim."

A bad day for the rule of law.

53 posted on 07/27/2019 11:40:57 AM PDT by pepsi_junkie (Often wrong, but never in doubt!)
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To: Dilbert San Diego

Don’t know if they still use it or if it is politically correct but we use to say Indians- dot not feather or feather not dot. I worked for a company that did business with feather Indians when the dot Indians were beginning to buy and start many businesses here so we had to clarify some way and that was acceptable then. Of course a lot of things were acceptable then.

The confusion is that the natives here were called Indians to begin with, no idea how that came to be. I have a set of Colliers Encylopedias from the 1920s and they are referred to as Aborigines in it. Which I found very interesting, by definition that is a correct term but I guess they didn’t like it. I did not know they were ever called that.

My mother was Cherokee and never called herself Indian or Native American, just Cherokee. I am friends with some Navajos and they do the same...they call themselves Navajo or Dine...not Native American.


54 posted on 07/27/2019 11:55:33 AM PDT by Tammy8
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To: Tammy8

The original European explorers were looking for a shortcut to Asia and thought they had landed in India.


55 posted on 07/27/2019 12:13:22 PM PDT by bankwalker (Immigration without assimilation is an invasion.)
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To: bankwalker

That is the story I always heard...but then why were they called aborigines in the 1920s? That is what is puzzling me.


56 posted on 07/27/2019 12:47:56 PM PDT by Tammy8
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To: Dilbert San Diego

Let me as an AMER-INDIAN take that one.
(Fyi, I’m NOT a full-blood but rather: English, lowland Scots & Pamunky & one of the few direct living descendants of the real Pocahontas, the youngest daughter of Deep Stream & Little Fawn.= YES, I have both the Church of England records & DNA results to prove my descent. - She was my 13th Grandmother.)
Note: In 2019, there are VERY FEW or NO “full-blood” Pamunkey tribal members left, as our tribe intermarried with Europeans early in the 17th Century.

We AIs generally (at least among the people that I know,) don’t particularly LIKE the title of “Native American”, unless you just mean someone who was born someplace IN the USA, primarily because of the “term confusion” that you mention AND that the term “Native American” was “dreamed up” by the LEFTISTS & “easily offended snowflakes”.
(Most AIs that I know are quite CONSERVATIVE in morals/values/politics.)

You mentioned people from India, too.
(The JOKER in that deck is that IF you choose to trace our DNA back far enough, you will find that our distant AI ancestors started migrating to the Western Hemisphere from the now vanished continent of Berengia about 30,000 years ago & the last migration was probably by boat, perhaps as little as 4-5 centuries ago from eastern Asia.)

For more (should you be interested) on the migrations from Berengia, see the book, AMERICAN DAWN: Toward a Better Understanding of the Roots of the Settlement of the Western Hemisphere.
(The book started out as a PhD dissertation & “reads” like one.)

Therefore, in a sort of a strange way, Christopher Columbus is “sort of correct” that he found “Indians” in the Americas, as the western edge of Berengia was probably about where the current city of Pondicherry, India is now & stretched east to somewhere near the islands of Japan & then east across what is now the Pacific Ocean from about Baja California to near the current OR/WA state line.
(According to some genealogical studies, we AIs have very similar DNA to certain indigenous groups in today’s India & SE Asia.)

Btw, it’s an “inside joke” among numerous AI People that Christopher Columbus was a “PERFECT DIMocRAT”, in that:

When he left Europe he had no idea where he was going.
When he got there he didn’t know where he was.
When he got back, he had no clue where he had been
AND
He did it all with government money.

Yours, TMN78247


57 posted on 07/27/2019 12:54:05 PM PDT by TMN78247 ("VICTORY or DEATH", William Barrett Travis, LtCol, comdt., Fortress of the Alamo, Bejar, 1836)
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To: TMN78247

Do you have an author for “American Dawn, etc”?
I tried to find it on Amazon under that title & couldn’t.


58 posted on 07/27/2019 2:50:11 PM PDT by Reily
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To: rhubarbk

In the U.K. N American tribes used to be called
Red Indians to distinguish from S. Asians

Don’t care much if it is PC or not , but I suppose these days it ain’t


59 posted on 07/27/2019 3:41:28 PM PDT by Phil DiBasquette
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To: McQ444

Clear case of defamation. This kid is not a public figure.


60 posted on 07/27/2019 4:50:21 PM PDT by KC_Conspirator
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