Posted on 08/18/2023 9:20:29 AM PDT by where's_the_Outrage?
Nick Sandmann, who at the time was a Covington Catholic student, appears in a screengrab taken from a video filed as an exhibit in federal court.
A federal appellate panel in a 2-1 decision Wednesday denied former Covington Catholic student Nick Sandmann’s bid to revive libel claims against mainstream media outlets over their coverage of his 2019 encounter with Native American activist Nathan Phillips in Washington, D.C. at the March for Life.
In July 2022, Senior U.S. District Judge William O. Bertelsman, a Jimmy Carter appointee sitting in the Eastern District of Kentucky, granted summary judgment and threw out Sandmann’s lawsuit, concluding that the media outlets which covered Sandmann and Phillips’ face-to-face were “covering a matter of great public interest, and they reported Phillips’s first-person view of what he experienced” — that Sandmann had “blocked [his] way and wouldn’t allow me to retreat.”......
“I disagree and would reverse and remand for further proceedings,” he continued, elaborating on why:
[T]he statements that Sandmann blocked Nathan Phillips’s ascension to the Lincoln Memorial; prevented Phillips from retreating; and impeded Phillips’s movements by stepping to his left and stepping to his right, were actions capable of objective verification. Thus, because these events can be objectively verified, I would hold that the opinion exception to the laws of defamation does not apply.
Griffin later criticized the majority for engaging in “creative journalism” by essentially “rewrit[ing]” the news articles at issue:
(Excerpt) Read more at msn.com ...
Hope this is appealed to SCOTUS.
Here’s some advice, do everything you can to avoid our judicial system. The whole blind lady justice thing, the only thing justice is blind to is reason and laws.
“Sandmann blocked Nathan Phillips’s ascension to the Lincoln Memorial; prevented Phillips from retreating; and impeded Phillips’s movements by stepping to his left and stepping to his right”
Have watched clips of the encounter many times and never saw any of the above. Phillips picked the fight with his drumming in Sandman’s face and there was no other movement.
The rest is a fabrication.
It always seemed very queer that the media was so quick to ‘dox’ Mr. Sandmann but didn’t even bother to figure out the identities of the ‘black hebrew israelites’ or whatever the hecklers call themselves.
“Arresting people for saying our elections are rigged seems like a horrible way to convince people our elections aren’t rigged.”
If you’re an American, especially a white, AMERICAN male, you can forget getting justice out of the Feral courts. To them, you’re just a racist Nazi.
Cannot Sandman’s lawyers appeal the case to be heard by the whole appeallete court, seeking an override of the ruling by the mere 3 judges?
They can ask for an en banc review. The court does not have to grant the review.
Yes, en banc. The dissent is suggesting that the majority decision is weak and vulnerable to reversal should en banc review take place.
Another Writ of Hocus Pocus succeeds.
First, might as well poll the judges on their party registrations.
This would be a great case to take to the Supreme Court to get the Sullivan doctrine modified.
When the judiciary is openly observed to be politically corrupted there can be no justice.
That would be awesome.
When the justice system collapses, the 2A delivers justice. We’re close. Very close.
Bertelsman is one of the most vile, partisan pieces of s*** out there in Article III land.
The filthy news media used the word “smirk” to describe this man’s smile which he put on to attempt to defuse the situation.
Sandmann should OWN the media on this one.
In July 2022, Senior U.S. District Judge William O. Bertelsman, a Jimmy Carter appointee sitting in the Eastern District of Kentucky, granted summary judgment and threw out Sandmann’s lawsuit, concluding that the media outlets which covered Sandmann and Phillips’ face-to-face were “covering a matter of great public interest, and they reported Phillips’s first-person view of what he experienced”Trump's attorneys should invoke this as precedent.
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