Nick Sandmann's libel lawsuits against five national media companies dismissed by federal judge; Sandmann's lawyer vows appeal



A federal judge dismissed a lawsuit brought by former Covington Catholic student Nick Sandmann against five major news outlets that reported on a confrontation between Sandmann and a Native American activist at the Lincoln Memorial in January 2019.

Sandmann, who was 16 at the time, became the center of a national controversy after a video emerged that showed Covington (Kentucky) Catholic High School students standing in front of a Native American man who was banging a drum and chanting. The students were attending the March for Life that year, which coincided with the Indigenous Peoples March. Multiple media organizations reported that students — including Sandmann, who was wearing a "Make America Great Again" hat — had mocked, surrounded, and were trying to intimidate the man, Nathan Phillips, but additional video disproved those claims. Sandmann became a focal point of outrage and smears because he had smiled at the man in the video.

After it became clear that initial reporting of the incident was false, Sandmann filed defamation lawsuits against eight news organizations. Three companies settled with Sandmann, but on Tuesday, a federal judge threw out the remaining lawsuits against the New York Times, CBS, ABC, Gannett Co. Inc., and Rolling Stone.

Sandmann's attorney, Todd McMurtry, told the Lexington Herald-Leader he was "disappointed" with the decision from United States District Eastern Kentucky Court Judge William Bertelsman and planned to file an appeal.

“We’re fully prepared to argue these cases in the 6th Circuit," Sandmann said in a statement.

Bertelsman's opinion was centered on statements published by the news outlets in which Phillips had claimed Sandmann had "blocked" and "would not allow" him to retreat from the Lincoln Memorial.

Sandmann's legal team argued that the reports had "conveyed false and defamatory charges," and that the media companies had malicious intent in publishing them.

But the judge found that Phillips' statements about Sandmann's actions were "objectively unverifiable and thus unactionable opinions.”

"Instead, a reasonable reader would understand that Phillips was simply conveying his view of the situation. And because the reader knew from the articles that this encounter occurred at the foot of the Lincoln Memorial, he or she would know that the confrontation occurred in an expansive area such that it would be difficult to know what might constitute 'blocking' another person in that setting," Bertelsman wrote.

The judge said the press did not defame Sandmann by reporting Phillips' version of the incident, since his statements were opinions and not facts.

“The media defendants were covering a matter of great public interest, and they reported Phillips’s first-person view of what he experienced,” he wrote. “This would put the reader on notice that Phillips was simply giving his perspective on the incident.”

Bertelsman added, "Phillips' statement did not imply the existence of any nondisclosed defamatory facts, and only under such circumstances does a statement of opinion lose its constitutional protection."

“Therefore, in the factual context of this case, Phillips’s ‘blocking’ statements are protected opinions,” he concluded.

Nick Sandmann reaches settlement with NBC in Covington Catholic controversy



Former Covington Catholic student Nick Sandmann announced on Friday that he had reached a settlement with NBCUniversal. This is Sandmann's third settlement with a major news outlet stemming from media coverage over a confrontation at the Lincoln Memorial in January 2019.

Sandman, now 19 years old, announced the settlement with NBC on Twitter.

"At this time I would like to release that NBC and I have reached a settlement. The terms are confidential," Sandmann tweeted.

At this time I would like to release that NBC and I have reached a settlement. The terms are confidential.
— Nicholas Sandmann (@Nicholas Sandmann) 1639778759

"Documents filed Friday in U.S. District Court in the Eastern District of Kentucky show both parties agreed to dismiss the case without a judgment from the court," the Cincinnati Enquirer reported.

Sandmann's attorneys slapped a $275 million defamation lawsuit against NBCUniversal in May 2019. The lawsuit claimed that NBC "unleashed its vast corporate wealth, influence, and power against Nicholas to falsely attack him despite the fact that at the time, he was a 16-year-old high school student."

"NBCUniversal’s attacks on Nicholas included at least fifteen defamatory television broadcasts, six defamatory online articles, and many tweets falsely accusing Nicholas and his Covington Catholic High School ('CovCath') classmates of racists acts," the lawsuit contended. "NBCUniversal created a false narrative by portraying the 'confrontation' as a 'hate crime' committed by Nicholas."

The lawsuit argued that NBC's coverage was "relying heavily on biased and unreliable sources without conducting any reasonable investigation of the circumstances surrounding the January 18 incident."

In 2020, CNN and the Washington Post both settled defamation lawsuits from Sandmann for undisclosed amounts.

After the settlements, Sandmann said, "We have settled with WAPO and CNN. The fight isn't over. 2 down. 6 to go."

In March 2020, Sandmann's attorneys filed complaints against the New York Times, ABC News, CBS News, Rolling Stone, and Gannett over their reporting on the Covington Catholic high school student.

The former student from Kentucky was chastised by the media for allegedly "smirking" during a viral standoff with Native American elder Nathan Phillips in 2019 during the March for Life in Washington, D.C., when he was 16 years old.

"I see it as a smile, saying that this is the best you're going to get out of me," Sandmann said in a 2019 interview with NBC News anchor Savannah Guthrie. "You won't get any further reaction of aggression. And I'm willing to stand here as long as you want to hit this drum in my face."

Sandmann commented on the situation involving Kyle Rittenhouse, who was also thrust into the spotlight as a teenager and lambasted by the media.

"Kyle was almost immediately labeled a 'white supremacist' and a 'domestic terrorist,'" Sandmann wrote in an op-ed for the Daily Mail. "They came quickly, without hesitation, because Kyle was an easy target that they could paint in the way they wanted to."

"This is the problem with liberal media outlets in the United States," Sandmann wrote. "They want to get the story first, get the most views, make the most money, and advance the agenda from liberal patrons."

"I am here for you, and if you ever would like to reach out to me, I am about the only person our age to have an idea of how the media is treating you," Sandmann added. "The way the media has treated you is terrible, and you don't have to face it alone."

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Nick Sandmann fires pro-Trump lawyer Lin Wood, says he 'no longer' wishes 'to be represented by him'



Nick Sandmann has fired fellow Trump-supporter Lin Wood, who represented the Kentucky teenager in defamation lawsuits against several media outlets after a 2019 video went viral showing the then-Covington Catholic High School student in a face-off with a Native American man in Washington, D.C.

What are the details?

Reuters reported Monday that Sandmann said in a court filing, "I have ended my lawyer-client relationship with Mr. Wood and no longer wish to be represented by him."

The outlet reported:

Wood did not immediately respond to a request for comment. In a statement shared on the Telegram app on Sunday, Wood said he expected Sandmann would "abandon" him because of earlier social media posts in which Wood suggested former Vice President Mike Pence engaged in "treason" and could "face execution by firing squad" for formally recognizing the election victory of President Joe Biden.
Wood said in the Telegram post that his comments about Pence were "rhetorical hyperbole."

Earlier this month, Wood tweeted, "If Pence is arrested, @SecPompeo will save the election. Pence will be in jail awaiting trial for treason. He will face execution by firing squad. He is a coward & will sing like a bird & confess ALL."

Sandmann replied, "I'm sorry but what the hell," adding later, "this is a dumb tweet."

Your definition of loyalty is equivalent to being blackmailed to support something that I disagree with. True loy… https://t.co/hTk9xWFR0S
— Nicholas Sandmann (@Nicholas Sandmann)1609568482.0

Hot Air noted at the time:

It was nearly one year ago when high school student Nick Sandmann and his attorney Lin Wood reached a settlement with CNN in the $275 million defamation case against the network. The exact amount of the settlement was never released but attorney Lin Wood said he was just getting started. Then in July the Washington Post also settled the $250 million defamation suit Sandmann had brought against them. Again the exact amount of the settlement was never revealed and again Lin Wood pointed out there were still more lawsuits to go against CBS, NBC, ABC, the NY Times, Gannett and Rolling Stone.

Wood, who famously represented falsely accused security guard Richard Jewell from allegations of his involvement in the 1996 Centennial Olympic Park bombing, is an ardent supporter of President Donald Trump and insists that the 2020 election was stolen from the former president.

Following the Nov. 3 general election, Wood and fellow Trump-supporting-lawyer Sidney Powell urged Georgians to boycott the Jan. 5 runoff elections in the state over concerns for voter integrity, angering Republicans who lost control of the Senate due to the outcome.

A New Yorker staff writer reported last week that Mercer Law School, Wood's alma mater, is facing pressure to remove Wood's name from its trial court room over his rhetoric and that "Wood says he wants his million dollar gift back if they do."

Over the weekend, Sandmann shared a social media post written by Wood where the attorney wrote, in part:

My alma mater Mercer Law School turned on me. I have suffered politically motivated attacks on my law license and my previously pristine record of professionalism. I have been threatened by others to take efforts to have me jailed and prosecuted for a rhetorical hyperbolic post about Mike Pence. No client had abandoned me but I expect Nicholas Sandmann may do so as he be feeling the pressure from members of [Senate Minority Leader] Mitch McConnell's team on which Nicholas worked this cycle. I have had serious threats of harm and death made against me and my family. My family has abandoned me. But I am not alone. I have We The People who have showered me with messages which inspire me and comfort me. In the end, my efforts have always been for We The People. Until and unless they silence me by imprisonments or death, I will not stop fighting for We The People, for honest elections, for freedom, and for the hundreds of thousands of little children who are being abused, molested, and sacrificed for the demonic pleasures of very evil people in the world - including leaders in our government.

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Nick Sandmann fires back at ACLU official who complained about conservative student's college admission, shreds cancel culture



Nick Sandmann is firing back at the American Civil Liberties Union staffer who publicly condemned Transylvania University for accepting his application to attend the Lexington, Kentucky, school.

Sandmann, the former Covington Catholic High School student smeared in 2019 for what many mainstream news outlets erroneously reported as "mocking" a Native American man during the March for Life, is now speaking out in defense of his conservative values.

Sandmann was the subject of much controversy and criticism, and his family filed lawsuits against media giants such as CNN and the Washington Post in response.

Both outlets settled defamation lawsuits with Sandmann earlier this year.

What are the details?

In an op-ed for Fox News, titled "I'm a pro-life conservative Republican college student who won't let cancel culture silence me," Sandmann — now a freshman at the Kentucky university — said he refuses to fall victim to "cancel culture."

"Beginning the college year during the coronavirus pandemic is difficult enough for millions of students," he wrote. "But the beginning of my freshman year at Transylvania University in Kentucky is being made even more difficult by an unwarranted attack against me by the cancel culture due to my conservative views."

Recalling his time dominating 2019's news headlines, Sandmann said enough is enough.

"[U]nbelievably, an official of the American Civil Liberties Union — a liberal group that claims to be dedicated to defending free speech — criticized the university last week for admitting me, saying my admission was a 'stain' on the school," he explained.

The staffer, identified as Samuel Crankshaw — a Transylvania University graduate — said that Sandmann solely exists to "troll, intimidate, and play victim." Sandmann, however, said he has never met Crankshaw — who he says knows nothing about Sandmann other than what he has read in the news.

"Yet still, he tries to cancel me and demand that I be denied admission to college," he wrote. "Why? Because he seems outraged that my conservative values don't align with his left-wing ideology."

He warned, "If you are a conservative like me, watch out. The intolerant left might come for you, too."

"Jonathan Turley, a scholar known for being a strong advocate of free speech, responded on his blog to defend the need for free speech and defend me from Crankshaw's attack," Sandmann noted.

Turley wrote:

I have previously written, as a long supporter of the American Civil Liberties Union (ACLU), about my concern over how the venerable group has changed under its current leadership, including a departure from its long robust defense of free speech. Recently, the ACLU has abandoned its famed neutrality and has not supported some on the right while supporting those on the left.

Turley later added, "[I]t is far more alarming to see an ACLU official rallying people against a young man whose chief offense appears to be that he is publicly (and apologetically) conservative and pro-life."

Sandmann said, "Turley is right. Colleges have a reputation of being toxic places for conservative, pro-life ideas like the ones I hold. But an alumni assuming I'll act in a certain way before even meeting me? Well, that's a new low."

He pointed out that he's obviously not the only young conservative to be virtually pilloried for his beliefs and that conservative students across America regularly face this type of pushback.

"If the threats to students like me don't come from the left-leaning administrators, the threats come from fellow students who call on campus leadership to cancel events or shut down student organizations that dare challenge their left-wing view of the world," Sandmann added, blasting the notion of college and university "free speech zones" as "ridiculous."

"Our entire country is a free speech zone, enshrined by our Founding Fathers in the Constitution," the young man wrote. "And no one has the right to cancel the Constitution or its First Amendment."

Anything else?

The newly minted college freshman went on to laud President Donald Trump and Kentucky Republican Senate Majority Leader Mitch McConnell, for remaining strong in the face of leftist pressure.

"Sen. McConnell and President Trump are the exact leaders we need at a time when liberal mobs take glee in destroying our lives and erasing our voices," Sandmann said.

"Now more than ever, we need more speech, not less," he reasoned. "We need to hear new ideas and to learn from others. That is exactly what I and so many students returning to school want to do. I invite Democrats to join us."

He concluded, "[T]o those who are inclined to write my future for me, I say let me define myself. I will not be canceled."

ACLU staffer attacks university for accepting Nick Sandmann, calls teen's admission 'a slap in the face'



An employee of the American Civil Liberties Union has issued a public condemnation of Transylvania University in Kentucky over the school's acceptance of former Covington Catholic High School student Nicholas Sandmann, calling the university's decision "a slap in the face."

Sandmann, 17, is a well-known conservative and supporter of President Donald Trump.

What are the details?

ACLU Kentucky communications staffer Samuel Crankshaw took to Facebook on Saturday to slam Transylvania University — his alma mater — for allowing Sandmann in. His post was first reported by George Washington University Law Professor Jonathan Turley, who testified before Congress against the impeachments of both President Bill Clinton and President Donald Trump.

"Does anyone think it's a bit of a stain on Tranyslvania University for accepting Nick Sandman (sic)?" Crankshaw began. "I'm sure it's a 'both sides' defense, but it's pretty counter to their mission and another instance of there not actually being equal sides to an issue."

Professor Turley noted in his own analysis that "the 'both sides' defense used to be the position of the ACLU in fighting for all sides to be given equal opportunities and protections."

The ACLU employee continued, "But this kid clearly is a provocateur in training with no intention of learning. He exists only to troll, intimidate and play victim."

Crankshaw went on to call Sandmann "dangerous" before adding, "Having experienced the incredibly high standards Transy requires for admission and then holds its students to, this seems like a slap in the face. I hope some time in a real classroom changes him, but his twitter and public persona suggest otherwise."

An assistant professor and diversity scholar at Transylvania, Dr. Avery Tompkins, responded to Cranshaw's post, stating, "While I certainly don't support or agree with [Sandmann's] views, and find his public behavior and rhetoric atrocious and uninformed, we can't not admit academically qualified students due to their political and personal views."

Dr. Tompkins promised to keep an eye on Sandmann "just like (she) would for any student" causing problems. She later issued an apology for her "mistake in singling out a student and any misunderstandings that arose from that."

ACLU Kentucky's deputy director told The Daily Mail of her employee's online declaration, "These were personal views expressed on personal time on a personal Facebook account. The views in this post do not necessarily reflect the views of the ACLU of Kentucky."

At some point, Crankshaw himself added a disclaimer to his Facebook post, stating, "NOTE: These are my personal views that I am expressing on my personal Facebook page on my personal time. They do not necessarily reflect the views of my current or past employers. I have a First Amendment right to express my views just as Nick Sandmann has a First Amendment right to express his. I will continue to express my views on my personal time."

What's the background?

Nicholas Sandmann was smeared by several mainstream media outlets last year when he was seen on video in front of the Lincoln Memorial in Washington, D.C., smiling while face-to-face with a Native American man, Nathan Phillips. Phillips was beating a drum and some outlets suggested the teen was mocking the older man, but further footage showed that Phillips actually confronted the teen.

CNN and The Washington Post both settled defamation lawsuits with Sandmann earlier this year.

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