As Nicholas Sandmann’s lawsuit against The Washington Post was given anew a green light to proceed, President Trump championed the cause on Twitter Wednesday morning.
“A Federal Judge is allowing the Nick Sandman [sic] libel suit to move forward against the thoroughly disgusting Washington Post (which is no longer available at the White House!),” Trump wrote on Twitter. “He could now have a good chance of winning. Go Nick!”
A Federal Judge is allowing the Nick Sandman libel suit to move forward against the thoroughly disgusting Washington Post (which is no longer available at the White House!). He could now have a good chance of winning. Go Nick!
— Donald J. Trump (@realDonaldTrump) October 30, 2019
A federal judge in Kentucky reopened Covington Catholic High School student Nick Sandmann’s $250 million defamation lawsuit against The Washington Post on Monday after having previously dismissed it over the summer.
“After reviewing an amended complaint, Judge William Bertelsman ordered Monday that the case could enter the discovery phase and hence a portion of the lawsuit against the newspaper could continue,” the Cincinnati Enquirer reported.
The lawsuit is allowed to proceed but has been limited in scope after the judge said that 30 out of the 33 statements that Sandmann’s lawyers argued were libelous were not actually libelous.
Without fully investigating the matter, news outlets largely ran with Phillips’ account of what happened, smearing the boys as racists. Sandmann arguably bore the brunt of the smears due to his face being featured so prominently in the video. In fact, media figures, such as CNN contributor Reza Aslan, suggested he’d like to punch the 16-year-old in the face. “Honest question. Have you ever seen a more punchable face than this kid’s?” Aslan tweeted at the time.
In response, Sandmann’s family sued several news outlets for defamation, targeting the Post first for $250 million and accusing the outlet of “using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles ... to smear a young boy who was in its view an acceptable casualty in their war against the president.” Originally, Judge Bertelsman (who was initially nominated to the bench by former President Jimmy Carter) dismissed the lawsuit, arguing that the Post did not commit defamation because it never mentioned Sandmann by name.
“The words used contain no reflection upon any particular individual,” the judge said in the July ruling, adding that the newspaper used “loose, figurative,” and “rhetorical hyperbole” — all of which are protected by the First Amendment.