Nick Sandmann’s case against The Washington Post is back on, according to a tweet by his attorney Lin Wood. Nick Sandmann is then-16-year-old Covington Catholic School student who became a target of the media after a left-wing Native-American man named Nathan Phillips claimed the MAGA-hat wearing student blocked his path. Mr. Phillips said he was afraid.
A short clip was shown throughout the media and on social media which made it appear the student was smirking and his fellow students were aggressive. In fact, the protester, Nathan Phillips walked up into Sandmann’s space and beat the drum close to his face for some time. No one blocked him.
When the full video was released on social media, the truth became apparent. The case rests on the MSM targeting of Nick Sandmann.
The case against the Washington Post was thrown out in July by a federal judge in Kentucky. Judge William Bertelsman, a semi-retired Jimmy Carter appointee, agreed with the Post that there was no defamation and tossed the case.
The appeal was to go next to a three-judge panel of the Sixth Circuit Court of Appeals. They were to consider Judge Bertelsman’s ruling which requires Sandmann to prove the Post: 1) made a false and defamatory statement concerning him; 2) published the statement; 3) acted negligently; 4) and either caused him damages or exposed him to “public hatred, ridicule, contempt, aversion, or disgrace.”
Read the analysis at The Federalist by Margot Cleveland. For Judge Bertelsman to be right, all news would have to be an opinion, according to Ms. Cleveland. He decided that every statement by the Post about Nick Sandmann was just “rhetoric” and “hyperbole.”
That wasn’t necessary at this point. The lawyers presented the original Judge with more video evidence which they had not given the Judge at first. He had a change of heart in part and will let the case move forward.
Lin Wood’s colleague, Todd McMurty also posted and said the decision holds for the cases against NBC and CNN as well.
Discovery will now begin.
As a prepare for summary judgment hearing today in LA in Vernon Unsworth v. Elon Musk, the news of our team’s huge win in Covington, KY reaffirms my career-long belief that our system of justice works. Nicholas Sandmann deserves his day in court against WaPo. Now he will get it.
— Lin Wood (@LLinWood) October 28, 2019
NEWSFLASH: Federal Judge William O. Bertelsman partially reversed his ruling to dismiss #nicksandmann‘s claims against the @washingtonpost. Nick’s case may now proceed into discovery. The ruling bodes will for the NBC and CNN cases, as well. @LLinWood pic.twitter.com/4MoJdSreXa
— Todd V. McMurtry (@ToddMcMurtry) October 28, 2019
CORRECTION: Attorney Tom McMurty was on Fox & Friends Tuesday morning and explained that the original judge reversed part of his decision. We did not have that information last night and added it on Tuesday. We also added the ruling.