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
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]
Was this supposed to be directed at me?