Posted on 07/29/2022 8:54:32 AM PDT by Red Badger
A U.S. District Court judge dismissed the cases involving The New York Times, CBS, ABC, Gannett, and Rolling Stone
Federal Judge Dismisses Nick Sandmann Defamation Lawsuits Against New York Times, Other Media Companies
The controversial Nick Sandmann had his defamation lawsuits against a multitude of media companies dismissed by a U.S. District Court in Kentucky this week. Federal Judge William Bertelsman ruled that coverage of Sandmann which said he “blocked” a Native American man were “protected opinions,” and not defamation.
Sandmann exploded amongst Conservative circles after footage of him when he was 16 years old at the March for Life rally in 2019 went viral.
Sandmann was videoed wearing a MAGA hat smirking at and standing in front of Nathan Phillips, a Native American who was banging a drum during an Indigenous Peoples March.
Multiple media outlets and social media users immediately concluded that Sandmann was harassing Phillips.
Sandmann’s lawyers targeted with defamation lawsuits the media outlets that claimed Sandmann “stood in his [Phillips’] way and blocked” the Native American from protesting.
Sandmann filed lawsuits against ABC, CBS, CNN, Gannett, NBC, The New York Times, Rolling Stone, and The Washington Post.
“The media defendants were covering a matter of great public interest, and they reported Phillips’s first-person view of what he experienced. This would put the reader on notice that Phillips was simply giving his perspective on the incident. Therefore, in the factual context of this case, Phillips’s ‘blocking’ statements are protected opinions. This holding moots all other motions before the Court.”
Bertelsman added that Phillips’ allegations that Sandmann “blocked” him were merely personal opinions and therefore “objectively unverifiable and thus unactionable opinions.”
“It has long been established that someone’s state of mind is not capable of being proven true or false,” the federal judge noted.
Sandmann’s lawsuits waged against NBC, CNN, and the Washington Post were settled in December 2021.
Sandmann’s lawyer Todd McMurty said they were “disappointed” with the judge’s dismissal decision, but intended to appeal it.
On Twitter, Sandmann explained he would appeal the decision because of “the factual claim the defending media companies made which was used in conjunction with negative connotations of racism and harassment that defamed me.”
How much cheaper to pay off the judge than to pay the preliminary judgments that were overturned here?
Maybe Bertelsman was paid a bundle for his decision.
So he a racist trump bootlicker because thats what the media thought in their first knee jerk reactions?
Not if they were reported as facts. If that was the case, appeal.
EVIL CORRUPT JUDGE!
I thought they already settled and that Sandmann was a richmann now
A few already settled. These were other defendants and I presume there is an appeal to make.
Appeals, appeals, appeals............................
These were all combined into one single suit?
Article III Judges
Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices, and federal circuit and district judges. These judges, often referred to as “Article III judges,” are nominated by the president and confirmed by the U.S. Senate.
The Honorable William O. Bertelsman
United States Senior Judge
US District Court
35 West 5th Street
Covington, KY 41011
Phone: (859) 392-7900
Apparently so.....................
I though Sandmann’s case wan’t that he ‘blocked’ the Indian drummer man but that he was reported at a racist for blocking the drummer man.
There was nothing “controversial” about Nick Sandman, he was simply existing while white.
It will be reversed on appeal.
Judge dismisses case against Washington Post
On July 26, 2019, Judge William Bertelsman dismissed a case against the Washington Post brought by high school student Nick Sandmann. Sandmann filed a defamation lawsuit against the Washington Post and other media outlets after they reported on a January 2019 encounter between Sandmann, his fellow classmates from Covington Catholic High, and Native Americans in Washington, D.C.
The suit stated:
“ [T]he Post engaged in a modern-day form of McCarthyism by competing with CNN and NBC, among others, to claim leadership of a mainstream and social media mob of bullies which attacked, vilified, and threatened Nicholas Sandmann ("Nicholas"), an innocent secondary school child. 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.... [T]he Post knew and intended that its false and defamatory accusations would be republished by others, including media outlets and others on social media.[3][4] ”
In his ruling, Bertelsman said,
“ The Court accepts Sandmann's statement that, when he was standing motionless in the confrontation with Phillips, his intent was to calm the situation and not to impede or block anyone. However, Phillips did not see it that way. He concluded that he was being 'blocked' and not allowed to 'retreat.' He passed these conclusions on to The Post. They may have been erroneous, but as discussed above, they are opinion protected by the First Amendment. And The Post is not liable for publishing these opinions.[5][4] ”
Following the judge's dismissal, the Washington Post released a statement through a spokesperson:
"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."[6]
The Sandmann family planned to appeal Bertelsman's ruling.
“I believe fighting for justice for my son and family is of vital national importance,"
said Ted Sandmann, Nick's father.
"If what was done to Nicholas is not legally actionable, then no one is safe.”[6]
There is always a judge out there to give the left exactly what they want. As individuals judges have way too much power.
Backwards is forwards and forwards is backwards.
Scripture has something to say about this:
Isaiah 5:20
King James Version
Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter!
“I thought they already settled and that Sandmann was a richmann now”
He settled with some, and is suing others.
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