Oh, I thought this case involved publications well after the event. I could be wrong.
Give it a read.
I have, more than once. I jumped ahead, and thought Curtis v. Butts may control the “public figure” question. I just re-read the gist of that holding, and I would agree with you that Sandmann will most likely be treated as a private figure.
LOL… He already lost on 30 of 33 arguments…
He will after he wins his suit.
The media acted with such a reckless disregard for the truth they absolutely must be held accountable.
Very convenient to forget all the death threats and backlash falsely foisted on Covington.
Here is a reminder…
Apart from the closing, additional security precautions have been added at the all-boys school after threats were launched at the school and individual students. On Tuesday, the American Indian Movement Chapter of Indiana and Kentucky will hold a protest at 10 a.m. outside the headquarters of the Diocese of Covington. Initially, the protest was planned to be held at the school.
Reactions were severe on the part of media outlets and social media when an initial short video circulated widely that depicted a Covington Catholic student standing impassively in front of Native American protester Nathan Phillips. The student later identified himself as Nick Sandmann, who had joined classmates at the March for Life on Friday. Phillips was participating in the Indigenous Peoples March that coincided with the March for Life.
30 of 33 of the plaintiffs alleged defamatory statements have been tossed. From the order itself,
The Court will adhere to its previous rulings as they pertain
to these statements except Statements 10, 11, and 33, to the extent
that these three statements state that plaintiff “blocked” Nathan
Phillips and “would not allow him to retreat.” Suffice to say
that the Court has given this matter careful review and concludes
that “justice requires” that discovery be had regarding these
statements and their context. The Court will then consider them
anew on summary judgment.1
The Court also notes that the proposed First Amended Complaint
makes specific allegations concerning the state of mind of
Phillips, the principal source of these statements. It alleges in
greater detail than the original complaint that Phillips
*deliberately lied concerning the events at issue, and that he had *
an unsavory reputation which, but for the defendant’s negligence
or malice, would have alerted defendant to this fact.
The proposed First Amended Complaint also alleges that
plaintiff could be identified as the subject of defendant’s
publications by reason of certain photographs of plaintiff and the
videos. This should also be the subject of proof.2
Discovery will be short and the remaining statements will also be dismissed in summary judgement…
See, stupid works…
Since stupid Yahoo! thought they’d be cute and throw an ad in my inbox that looked like an email, I figured I’d share it here.
“Federal judge William Bertelsman on Thursday allowed Covington Catholic High School student Nicholas Sandmann’s $275 million libel lawsuit against NBCUniversal to move forward, rejecting the media company’s attempt to have the suit dismissed in full even as he threw out parts of it.”
Go get 'em, Mr. Sandmann.
Do you feel this way about David Hogg?
The media was irresponsible with this story.
Sandman will get nothing is what I expect after reading this.
Sometimes both things can be true.
Next hearing is on Jan 7th…
For the rest of his life, he will be known as “oh yeah, that kid who was falsely accused of racism”. I don’t think people will view him with disgust.
For a few weeks there, his reputation was sullied.
Then the truth came out and his reputation was restored.
Can one sue for temporary loss of reputation? Is that compensable?
13% of defamation suits are successful. That’s a minority but it isn’t “next to impossible”.
Three of them now moving forward, good for Nick and his family.
Only by those whom paid attention beyond the shock and awe “Breaking News” and headlines the first few days, that would be a damned small percentage of people in the country.
You mean like David Hogg?
I hope he puts them out of business for the liberal rag they are.
Two of the three have not had a ruling on a motion to dismiss… I hardly call that moving forward. All three cases will have their next hearing on Jan 7, 2020 in front of the same judge.