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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: sport

Yep. Doesn’t matter really who appointed them. Money talks, and morals walk.


21 posted on 07/27/2019 8:57:28 AM PDT by vpintheak (Stop making stupid people famous!)
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To: fieldmarshaldj

In Jimmy’s eyes he’s a spring chicken


22 posted on 07/27/2019 8:58:23 AM PDT by CaptainK ('No collusion, no obstruction, he's a leaker')
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To: McQ444

This was an important ruling to protect the right of the press to outright lie.


23 posted on 07/27/2019 8:58:44 AM PDT by robel
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To: nathanbedford

Freedom of the press doesn’t mean freedom to constantly make up stories and twist everything into their own fantasies.


24 posted on 07/27/2019 9:02:24 AM PDT by bgill
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To: McQ444

https://www.dictionary.com/browse/freedom-of-the-press

freedom of the press
noun
the right to publish newspapers, magazines, and other printed matter without governmental restriction and subject only to the laws of libel, obscenity, sedition, etc.


25 posted on 07/27/2019 9:04:03 AM PDT by bgill
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To: fieldmarshaldj
An 83-year old Carter appointee.

Wonder how many times they had to change Bertelsman's adult diaper during the trial?

26 posted on 07/27/2019 9:05:50 AM PDT by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: SkyDancer

The judge is simply wrong on the law.

1st Amendment may give freedom of opinion but it doesn’t give freedom to maliciously defame.

So the real question here is was there malicious defamation and any check on exactly how much due diligence they went through to confirm their facts before turning their hate machine on these kids would confirm that yes there was.


27 posted on 07/27/2019 9:06:33 AM PDT by thoughtomator (The Clinton Coup attempt was a worse attack on the USA than was 9/11)
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To: McQ444

Fomenting dissent among the races with known lies as video evidence that was known at the timeabout what factually occurred was available.

Yelling fire in a theater isn’t protected.


28 posted on 07/27/2019 9:06:59 AM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: McQ444

After reading the article I have no idea what happened.


29 posted on 07/27/2019 9:07:29 AM PDT by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept? Vive Deo et Vives)
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To: bgill
Freedom of the press doesn’t mean freedom to constantly make up stories and twist everything into their own fantasies.

I believe the court is providing the immunity asserted by the Washington Post for merely passing along another's account and characterization of the event.

But I certainly agree with your proposition.


30 posted on 07/27/2019 9:07:48 AM PDT by nathanbedford (attack, repeat, attack! Bull Halsey)
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To: bgill

They have gotten away with it so long they think they can get away with it forever. They could very well be wrong. They may find to their dismay very soon just how wrong they have been.


31 posted on 07/27/2019 9:08:16 AM PDT by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: Regulator

I never understood why “Native American” replaced “Indian” to refer to certain groups of people. It’s not really an accurate term, because all of us born in America are native American people.

And there is confusion too, with Indians from India. I work for a company founded by Indians, from India. Whenever I tell people I work for a company founded by Indians, I always have to clarify they are Indians from India, as opposed to American Indians.


32 posted on 07/27/2019 9:12:19 AM PDT by Dilbert San Diego
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To: nathanbedford
The first article written by The Washington POS was headed by the video of the refrigerator repair Indian and Nick Sandmann (Sandmann was unidentified at the time).

It was an open invitation by The Washington POS to doxx Sandmann. That's how it works on social media platforms like Fecesbook and Twitter, and that's what happened.

Sandmann and his friends were identified, and the Twitter mob started going after them and their parents.

Bertelsman the doddering 83-year-old fossil has NO idea how any of this works. He's simply not competent to judge current media usages.

33 posted on 07/27/2019 9:12:56 AM PDT by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: Regulator

Sometimes Russell Means makes a lot of sense. Like one time he said anyone born here is a Native American.


34 posted on 07/27/2019 9:14:53 AM PDT by Fred Hayek (The Democratic Party is now the operational arm of the CPUSA)
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To: nathanbedford
I believe I read that the judge tossed it out based on "initial reporting."

However, I thought the case was not about the initial reporting, but the sustained reporting about the children days after knowing the true facts.

I'm sure that Sandmann's lawyer is all over this, given how he was presented as the premier lawyer for these types of cases.

-PJ

35 posted on 07/27/2019 9:14:55 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 judge is saying the press CAN defame someone? Isn’t that what the judge ruled?

By the way, here are some past court cases on the press and defamation.

https://www.thefire.org/first-amendment-library/freedom-of-the-press/defamation-press/


36 posted on 07/27/2019 9:15:06 AM PDT by Wuli
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To: nathanbedford
Proof of my contention that Bertelsman is a doddering incompetent is that his particulars, and those of his family, are easily found online.

Most federal judges hide their information. He's of an older generation who doesn't understand the way information is splashed out on the Internet.

37 posted on 07/27/2019 9:16:33 AM PDT by kiryandil (The Media & the DNC tells you who you're gonna vote for. We CHOSE Trump.)
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To: thoughtomator

It will be appealed and I hope the judge is brought up for malfeasance like an lawyer can.


38 posted on 07/27/2019 9:18:27 AM PDT by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
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To: Dilbert San Diego

[[[And there is confusion too, with Indians from India. I work for a company founded by Indians, from India. Whenever I tell people I work for a company founded by Indians, I always have to clarify they are Indians from India, as opposed to American Indians.]]]

Its actually “First Nations” in Canada and the Pac Northwest now to avoid such confusion.


39 posted on 07/27/2019 9:21:19 AM PDT by headstamp 2 (There's a stairway to heaven, but there's a highway to hell.)
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To: Dilbert San Diego

Dot vs Feather


40 posted on 07/27/2019 9:22:35 AM PDT by rhubarbk (MAGA/KAG . . . Trump 2020!!!)
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