Covington kid (Nick Sandmann) files first lawsuit against the Washington Post for $250 million

Oct 9, 2013
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#1
I posted this in the other Covington thread, but this probably deserves its own thread. Nick Sandmann and his attorney's have filed a lawsuit against the WaPo: http://www.hemmerlaw.com/blog/for-truth-for-justice-for-nicholas/


Today, Lin Wood and Todd McMurtry filed their first lawsuit on behalf of Nicholas Sandmann against The Washington Post. The lawsuit filed is included below. The suit seeks $250 million in both compensatory and punitive damages. Lin and Todd will continue to bring wrongdoers before the court to seek damages in compensation for the harm so many have done to the Sandmann family. This is only the beginning.
His attorney was just tweeting about it:




UPDATE: Sandmann and family have now sued CNN for $275 million

https://www.foxnews.com/us/sandmann-family-sue-cnn-for-275m-in-covington-catholic-controversy

A lawsuit worth $275 million was filed against CNN on Tuesday over the network's alleged "vicious" attack against Covington Catholic High School student Nick Sandmann.

The lawsuit, which was filed just after 3 p.m. in the U.S. District Court for the Eastern District of Kentucky, claims that CNN has "elevated false, heinous accusations of racist conduct" against Sandmann and failed to adhere to "well-established journalistic standards and ethics."
 
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cryptoadam

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Wow 250 big ones. Bezos better get ready to pay up.

What about CNN? Black men preaching about the bible and opression my ass.

Get this in front of a Jury and its game over. No one is going to be able to rule against a kid.

Did any WAPO reporters or people who work for WAPO make any tweets calling for violence/doxxing/defaming Sandman? If so I think it will be a pretty easy straight line to link malice to this case.
 

cryptoadam

... and he cannot lie
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Defamation is hard to prove and much of the complaint is the Washington post describing what others had to say about the incident. That said, the media needs to be held accountable for fostering division in society and this lawsuit is as good a time as any.
If WAPO printed Nathan Phillips version of events, and the lawyer can prove that WAPO ran with this due to their staffs and reporters anti-Trump bias I think Sandmans lawyers have it easy, especially in front of a jury. Remember they are going to hammer home the fact that he is still a kid and thats going to weigh heavily on the Jury.

Reality is WAPO will probably settle out of court, and that might knock the dominoes for Sandman to get other media outlets to pay up.
 
Jun 12, 2018
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Sandman will be swimming in millions, while Nathan Phillips gofundme sits at 5 figures LOL.
Nathan Phillips will sit at a freeway on-ramp holding a sign that says 'Will lie for Food' after Sandmann's attorney sues that lying piece of human refuse for everything he's worth including his GoFundMe NI was going to contribute to.
 
Nov 5, 2016
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#10
I support him. A precedent needs to be set.

I undertand the news cycle is all about “NOW, US FIRST, EXCLUSIVE SCOOP,” especially when it’s “YO WE RACISTS HERE,” and when it’s true, cool, but even with padults I don’t like people being labeled unfairly, and when it’s kids, regardless of anything, caution and discretion should be mandatory.

Kids were exposed to harm and danger.
 
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Nov 19, 2006
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#11
Good. I’d love to see WaPo get bankrupted to fuck as an example (even though it’ll likely not happen), so maybe the mainstream media gets back to reporting news instead of fearmongering or riling the masses. The business needs a serious wake-up call, and the only thing that works is a severe blow to the finances— take their money, and they have no choice but to listen.

There’s already more than enough anger accelerant out there with social media. Newspapers and legitimate press sources don’t need to throw even more fuel on the fire.
 
Dec 18, 2010
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#13
It’s reprehensible, they all are libel and to a minor at that. I’d be surprised if they fought this, they better make a deal. That goes for all the individual people on social media as well. Lawyer can have a field day with this case.
 
Likes: JareBear
Mar 6, 2018
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Every time you search a name, or a place, or a thing on google, there's a little blurb in the sidebar that describes the thing you searched. This is what appears when you search this kid's name:

Native American activist Nathan Phillips said he forgives Covington Catholic Student Nick Sandmann for their viral interaction in front of the Lincoln Memorial -- despite his ``insincerity'' and ``lack of responsibility.'' Sun Sentinel

He needs to not stop with the Washington post. This is an entire school and community the media tried to paint as monsters here. This is going to be very interesting.

It reminds me of another case. From the Larry Flint wikipedia article:

In 1988, [larry] Flynt won a Supreme Court decision, Hustler Magazine v. Falwell, after being sued by Reverend Jerry Falwell in 1983, over an offensive ad parody in Hustler that suggested that Falwell's first sexual encounter was with his mother in an out-house. Falwell sued Flynt, citing emotional distress caused by the ad. The decision clarified that public figures cannot recover damages for "intentional infliction of emotional distress" based on parodies. After Falwell's death, Flynt said despite their differences, he and Falwell had become friends over the years, adding, "I always appreciated his sincerity even though I knew what he was selling and he knew what I was selling."

The difference here is substantial. Falwell literally lost the case (as he should have), because the court ruled the average person would in no way think the parody was true. Falwell was also a public figure, and he wasn't a minor.
 
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EviLore

Expansive Ellipses
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There needs to be accountability from the press. They'll take unsubstantiated garbage from Twitter or other hearsay and conjecture and post it as truth, never bother fact checking, never bother with retractions. They don't acknowledge the harm they do to people and businesses on the wrong side of their irresponsible reporting. The field has become a circle jerk of self-righteous bottom feeding scum racing for first dibs on scandal clickbait.

Get 'er done, kid.
 
Jul 19, 2018
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Listening to the lawyer talk about the bar is much lower than normal for this type of case gives a little more confidence that they will win most of these lawsuits. I hope they clean these scumbags out.
 
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#23
250 Million is absolutely excessive for both, the effect, and the extent of the misconduct. But is is important for media to be more responsible in their reporting and not only not to fake reports (such as certain tabloids do), but to make sure you do not report in a biased or imprecise way just because you are too lazy to do your research before hitting "publish".
 
Jan 8, 2018
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250 Million is absolutely excessive for both, the effect, and the extent of the misconduct. But is is important for media to be more responsible in their reporting and not only not to fake reports (such as certain tabloids do), but to make sure you do not report in a biased or imprecise way just because you are too lazy to do your research before hitting "publish".
I don't think the families intent is to get that 250 million but it is setting that bar for punishment very high to get the media's attention with how terrible they have been at reporting news recklessly. The news media has been terribly shitty and somehow someway they need to be held accountable for ruining peoples lives with publishing news before verifying all the actual facts.
 

dopey

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As someone in Europe, I just recently fully caught up with this mess (kind of wish I hadn't) and actually saw the video. It's insane how they were gunning for these kids who did nothing wrong under circumstances where back when I was a teen I would likely made an absolute ass of myself. And the native guy who actually straight up lied from minute one and has yet to be called out on that by the media who railroaded these kids. How the hell did it come to this, are there no actual journalists left ?

$250 million is insane money, on the other hand something like this seems to be needed in order to bring an end to this kind of trigger happy super biased reporting. Fake news indeed.
 

matt404au

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As someone in Europe, I just recently fully caught up with this mess (kind of wish I hadn't) and actually saw the video. It's insane how they were gunning for these kids who did nothing wrong under circumstances where back when I was a teen I would likely made an absolute ass of myself. And the native guy who actually straight up lied from minute one and has yet to be called out on that by the media who railroaded these kids. How the hell did it come to this, are there no actual journalists left ?

$250 million is insane money, on the other hand something like this seems to be needed in order to bring an end to this kind of trigger happy super biased reporting. Fake news indeed.
User name does not check out.
 
Likes: mcz117chief
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This is a joke lawsuit imo. Wapo reported out of proper context, but didn't make anything up.

I think it's a PR stunt due to the pricetag.
 
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Jan 8, 2018
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This is a joke lawsuit imo. Wapo reported out of proper context, but didn't make anything up.

I think it's a PR stunt due to the pricetag.
It's not a PR stunt? Do you know who their lawyer is? Of course you want it to be a joke and fake, no surprise here. You only care that it goes against your narrative, god forbid someone actually defend against sjw bullies who have no problem running with fake news and using their bully pulpit to ruin peoples lives. If you we're actually a reasonable person you would be happy to see this happen but nah, you came out with the predictable response.

This is who Nick's lawyer is btw, this is real and the media is fucked. https://en.wikipedia.org/wiki/Richard_Jewell
 
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Dec 18, 2010
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#31
This is a joke lawsuit imo. Wapo reported out of proper context, but didn't make anything up.

I think it's a PR stunt due to the pricetag.
You will see pretty soon it’s no joke. If they double down all the better, good luck with this case in front of a jury.

You are willfully ignorant or have zero comprehension of law.
 
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Jun 20, 2018
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Who knows what will happen we are in weird times some people switched off any neutrality as soon as trump got elected and if it means choosing between what is true or right or somehow in some 6 degrees of Kevin Bacon way spit on trump or his supporters.. yeah anything can happen.
But i am glad that the media gets some heavy push back and will probably try and settle lol
 
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Not a lawyer, but from what I have read malice only needs to be proven in cases involving public figures. In cases of private persons, defamation only requires false statements broadcast(spoken or written) to one or more persons and some degree of negligence on the part of the broadcaster in not checking for the truthfulness of the claims.
 
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This was such a nothing story. It didn't need to be international news. Hopefully this might make news outlets a little more cautious about jumping into these stories. (spoiler: it won't)
 
Likes: #Phonepunk#
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Hope this family got some right wing activist group to pay the legal bills because I doubt they will get anything.
This is the attorney who has been down this road before.

It's not a PR stunt? Do you know who their lawyer is? Of course you want it to be a joke and fake, no surprise here. You only care that it goes against your narrative, god forbid someone actually defend against sjw bullies who have no problem running with fake news and using their bully pulpit to ruin peoples lives. If you we're actually a reasonable person you would be happy to see this happen but nah, you came out with the predictable response.

This is who Nick's lawyer is btw, this is real and the media is fucked. https://en.wikipedia.org/wiki/Richard_Jewell
 
Sep 4, 2018
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This was such a nothing story. It didn't need to be international news. Hopefully this might make news outlets a little more cautious about jumping into these stories. (spoiler: it won't)
it really was a nothing story. a non violent protest. several groups that have incredibly violent histories towards each other gathering together in public and protesting in a non violent way. the Native American dude has even forgiven the idiot kids caught on tape but no, we have to drive this into the ground. people calling for retribution on these kids need to be ashamed of themselves. this includes the media, vultures they are.

250 million is good. these media empires have lawyers and slush funds they can throw at cases like this. best to hit them in a way that actually makes them change their behavior.
 
Jun 19, 2007
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it really was a nothing story. a non violent protest. several groups that have incredibly violent histories towards each other gathering together in public and protesting in a non violent way. the Native American dude has even forgiven the idiot kids caught on tape but no, we have to drive this into the ground. people calling for retribution on these kids need to be ashamed of themselves. this includes the media, vultures they are.

250 million is good. these media empires have lawyers and slush funds they can throw at cases like this. best to hit them in a way that actually makes them change their behavior.
Yeh, it was two people with differing views standing close to each other. That's it. Maybe the kid looked a bit too smug and maybe the Native American guy shouldn't have been playing his drum in the kids face. But that's all there was to it. Maybe there’s more that I’m missing. As you can perhaps guess I got tired of the story pretty quickly and stopped paying attention.

We didn't need media outlets breaking down all these different videos of it to show how it played out from different angles and what it meant for which of them was in the right. It's an inconsequential story and they could have used their time on things that actually mattered.. But it's a story that pushed the right buttons for some people on both sides of the political spectrum so instead they all have to milk it for everything they can.
 
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it really was a nothing story. a non violent protest. several groups that have incredibly violent histories towards each other gathering together in public and protesting in a non violent way. the Native American dude has even forgiven the idiot kids caught on tape but no, we have to drive this into the ground. people calling for retribution on these kids need to be ashamed of themselves. this includes the media, vultures they are.

250 million is good. these media empires have lawyers and slush funds they can throw at cases like this. best to hit them in a way that actually makes them change their behavior.
A lot of people, including me, don't think the kids did anything that required them to be forgiven. Further, I think it's clear that Nathan Phillips fabricated his story. He said the kids were saying racist and hateful things to the group of Black Isrealites. He said it looked like they were going to lynch them. He said he was just trying to walk up the stairs. He said a lot of things that whipped up the crowd that video evidence has revealed were completely false. The kids did not do anything that they needed to be forgiven for, and those maintaining the narrative that this is just a "both sides" issue are being willfully ignorant. If Covington boy was my kid, I would be proud of how he acted that day in the face of truly hateful behavior on the part of the Black Isrealites and nonsensical idiocy of Nathan Phillips. He really did about the best he could do given the behavior of the adults that confronted him.
 
May 12, 2007
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I guess this is going to hinge on whether a news organization has a legal obligation to investigate and verify, especially when it comes to reporting on minors. I doubt there is going to be a smoking gun where Sandmann's side can prove they knew the reporting was false and still did it.
 
Dec 28, 2012
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There needs to be accountability from the press. They'll take unsubstantiated garbage from Twitter or other hearsay and conjecture and post it as truth, never bother fact checking, never bother with retractions. They don't acknowledge the harm they do to people and businesses on the wrong side of their irresponsible reporting. The field has become a circle jerk of self-righteous bottom feeding scum racing for first dibs on scandal clickbait.

Get 'er done, kid.
You should go after Kotaku after what they did to you.
 
May 17, 2012
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I like the large monetary value of the suit. If it was something low it doesn't deincentivise bad behavior by huge companies. Look at the SLPC cases 5 million is a drop in the bucket for an organization that receives 100 million per year in donations.
 
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Yeh, it was two people with differing views standing close to each other. That's it. Maybe the kid looked a bit too smug and maybe the Native American guy shouldn't have been playing his drum in the kids face. But that's all there was to it. Maybe there’s more that I’m missing. As you can perhaps guess I got tired of the story pretty quickly and stopped paying attention.
Very quick recap of a few things. Media reported kids surrounded Native American guy. He came up to them. Media took black Israelites saying things like "You're a bunch of incest babies!" and "You give fa**ots rights!" and presented them as black men preaching about the bible and oppression. The kids audibly disagreed with this dehumanizing of gay people, with many booing and one outright saying "they're still people!" Other Native American guy told the kids to go back to Europe, kid challenged that and said that it was a messed up thing to say, never insulting the man in return. Nick Sandman even asked this other kid to stop arguing with the man about it.

The entire nearly two hour video was available on facebook and you tube.

Nothing that made the kids look anything less than awful was reported on. Nothing that made the black Isrealites or Native Americans look like they might have done or said anything even slightly wrong was reported on. This was reckless, inaccurate, and false reporting that willfully fostered hate for a person who was both a non-public figure and a minor.