Social Judge allows Nick Sandmann to sue Washington Post, reverses prior ruling

[Lord Coke]

The judge reconsidered his decision after new evidence was presented by the plaintiff ie the kid suing. It's as likely as not that the plaintiffs lawyer forgot to include something but either way the judge has the right to reconsider a ruling within a certain amount of time based on an intervening change in law or due to new evidence. I didn't read the court order but based on article that is what appears to have happened

 

[Holic]

So we back in the club
With our bodies rockin' from side to side
side, side to side

 

[Social Distance Warrior]

Are people in this thread really ok or cool with what happened to the sandmann kid?

 

[TJ Swagger]

Are people in this thread really ok or cool with what happened to the Phillps kid?

Nick Sandmann was the kid

Phillips was the Indian man beating that drum in the kid's face.

 

[Jorge Luis Borges]

Are people in this thread really ok or cool with what happened to the sandmann kid?

Some, yes, and a lot of media folks as well. It's not about right and wrong. It's about shutting down the opposition. Thus the attacks on symbols like a MAGA hat. They want you to fear taking unapproved political stances publicly, even if those stances are mainstream. It is malicious and it is libelous.

 

[JamesRussler]

BREAKING: Judge allows Nick Sandmann to sue Washington Post, reverses prior ruling

Pro-life teen Nick Sandmann’s defamation suit against the Washington Post got a new lease on life Monday thanks to US District Judge William Bertelsman partially reversing his prior ruling, which will allow the suit to move forward.

Immediately following the January March for Life in Washington, D.C., the press erupted with claims that a video showed boys from the Kentucky religious school harassing Nathan Phillips, a Native American activist, outside the Lincoln Memorial. But additional extended video and firsthand accounts soon revealed that Phillips was the one who waded into the group waiting for its bus and decided to beat a drum inches from Sandmann’s face, while the boys had merely performed school cheers in hopes of drowning out racist taunts from members of the Black Hebrew Israelites fringe group.


The Washington Post issued an editor’s note in March admitting that “subsequent reporting, a student’s statement and additional video allow for a more complete assessment of what occurred, either contradicting or failing to confirm accounts provided in that [January 18] story,” but neither retracting nor apologizing for its initial piece. Sandmann’s attorneys rejected it, and launched a $250 million defamation suit against the paper.


Bertelsman dismissed the suit in July on the grounds that the Post’s initial coverage didn’t specifically mention Sandmann by name, that its language was constitutionally-protected “rhetorical hyperbole,” and that while Phillips’ version of events may have been “erroneous,” the Post reporting on his “opinion” fell within the First Amendment’s scope.


On Monday, however, the judge partially reversed himself and allowed the case to proceed to the discovery phase, attorney Todd McMurtry announced:



Attorney Lin Wood also issued a statement praising the development:



As additional video came to light many journalists and other public figures quickly deleted their snap condemnations of the students, and an independent investigation commissioned by the Diocese of Covington forced the diocese to retract its initial condemnation of the boys.


As various media figures either tried to keep the original narrative alive or refused to unequivocally retract or apologize for their initial claims, attorneys representing the students have filed defamation suits against numerous other media outlets and public figures, including CNN, NBC Universal, Democrat presidential candidate Elizabeth Warren, the New York Times’ Maggie Haberman, comedian Kathy Griffin, ABC News’s Matthew Dowd, Princeton University’s Kevin Kruse, left-wing activist Shaun King, and Rewire editor-in-chief Jodi Jacobson.

>>> I wonder why the Judge partially-reversed his own decision?

There was probably a persuasive motion for reconsideration. Judge read it and decided he had a good chance at being affirmed on appeal if he let it go to discovery, and it ultimately resulted in a judgment against WaPo. That’s why judges usually reverse their own decisions anyway.

 

[ElKarlo]

Oh yea, they tried to ruin his life. Your narrative is so compelling, it's already resulted in Nathan Philip's defamation suit being thrown out like the nonsense it was.

But good on you to imagine the catastrophic nature of his future life. LOL

The kid had thousands of death threats. Celebrities were calling for his harm as well. You're an idiot and or a hypocrite

 

[hillelslovak87]

You're overly defensive man.

I'm trying to get you to see that maybe you should just let this one go, it's a lost cause and you're defending the MSM over this? Like man, idk if you're disingenuous or not but pick your battles my dude, you lost this one.

Yes black confederate can mean many different things. I picked it to shock a little and make people think. Long time lurker and if it's offensive i can change it np.

Edit: oh and i said nothing about "who hurt you", not sure if you're projecting or if there is something real there where you actually are hurting but you're definitely overly angry and defensive.

I made my position clear. This case will get thrown out quickly just like the Philips case. If that injures you, it's not my problem, like your projection, over and over again.

 

[hillelslovak87]

I was born in the US, then lived in the UK. Both my parents were born in the UK. Thus, I have dual UK/US citizenship.

Now I live in Canada where I have permanent resident status.

We moved a lot because my dad worked for IBM.

It's not my fault you're a dunce that has never left his home town.

Buuuuuuuulshit. You've claimed dual US/Canadian citizenship within the last 2 months. Nobody believes your lyin' ass.

 

[hillelslovak87]

The kid had thousands of death threats. Celebrities were calling for his harm as well. You're an idiot and or a hypocrite

CNN anchors get death threats every day from the MAGA crew. You're hyperbolically whinging for the little MAGdouchebag. Not even somewhat admirable, but whatever.

 

[Fight To Win]

Good, the whole "white smirk" thing the media was doing was some of the most disgusting media commentary I've ever seen. He was a schoolboy. Imagine if in the age of Obama you'd had fox squawking about "black sneers" or "negro meanmugs" or something. That wouldnt be okay. Would it? Fox would already have been forced to pay out billions and there'd be book deals, riots, Saturday night live could struggle along for a year on the material etc.

Hope Sandmann takes them for every penny. They have to learn they can't do this.

 

[JamesRussler]

The judge reconsidered his decision after new evidence was presented by the plaintiff ie the kid suing. It's as likely as not that the plaintiffs lawyer forgot to include something but either way the judge has the right to reconsider a ruling within a certain amount of time based on an intervening change in law or due to new evidence. I didn't read the court order but based on article that is what appears to have happened

I’m about to look at the order, but I’m gonna take a stab in the dark, just for fun. First, I predict that it was a motion for reconsideration which cited additional WaPo articles, or different parts of the articles originally cited. I also predict that the judge decided that some of what he previously called “opinions” and “hyperbole” are actually matters of fact which are capable of being proven false. Lastly, I predict that the judge reconsidered his libel per se ruling, on grounds that there’s an issue of fact as to whether the coverage viewed as a whole was designed to portray Sandmann as a racist, or a hate criminal.

From what I remember of the previous ruling, the judge said certain verbs like “taunting,” “blocked” and “accosted” (or something like that) and adjectives like “aggressive” were mere opinion or hyperbole, and could not be proven false. I found that ruling questionable, especially given that the video disproves any suggestion that Sandmann acted that way. Judge also said the statements viewed as a whole didn’t subject Sandmann to widespread public scorn, so no libel per se. I found that ruling questionable, since that’s exactly what happened, and clearly what WaPo was trying to do. Since the suit can’t proceed without presumed damages, the Court must have revised that ruling.

Those are my predictions. We’ll see what the Court actually said.

EDIT: Here’s the order


So my prediction was partially correct. It was a motion for reconsideration with an amended complaint, this time with more detail. The judge reversed his ruling as to the statements that Sandmann “blocked” Mr. Phillips. No discussion on the libel per se issue.

 

[ElKarlo]

No you're conflating random people with the media. Also the media was pushing for people to attack these kids. The fact that you can't see that shows how simple minded you are.

CNN anchors get death threats every day from the MAGA crew. You're hyperbolically whinging for the little MAGdouchebag. Not even somewhat admirable, but whatever.

 

[hillelslovak87]

No you're conflating random people with the media. Also the media was pushing for people to attack these kids. The fact that you can't see that shows how simple minded you are.

You're literally making a blanket statement about "the media" attacking the doofus, and pushing others to do so. You hear yourself?

 

[SpartanKhmy]

You're literally making a blanket statement about "the media" attacking the doofus, and pushing others to do so. You hear yourself?

Tbh bro you sound like you support juicy smooyet...

 

[hillelslovak87]

Tbh bro you sound like you support juicy smooyet...

Is that a pro wrestler or a snack?

 

[ElKarlo]

You're literally making a blanket statement about "the media" attacking the doofus, and pushing others to do so. You hear yourself?

No, the media is a massive group of companies and it's quite alright say the media. Especially when multiple channels, and news outlets were reporting on it in a similar fashion. You're mad that I said celebrities too? As your arguments are so poor and conflating one idea for another.
Basically you're ok with people in themed and celebrities smearing this kid as well as calling for violence against him and his school? Because that's exactly what you're implying.

 

[ElKarlo]

CNN anchors get death threats every day from the MAGA crew. You're hyperbolically whinging for the little MAGdouchebag. Not even somewhat admirable, but whatever.

Again look at what you write. You sound like a horrible person on so many levels.

 

[superpunch]

nm

 

[salamander]

CNN anchors get death threats every day from the MAGA crew. You're hyperbolically whinging for the little MAGdouchebag. Not even somewhat admirable, but whatever.

He's not a CNN anchor, he's a kid.

He didn't do anything. He was harrassed by adults who hurled insults at him and then got in his face, and then lied.

Because of this lie people were calling for his school to be shot up, burned down. A SNL actress publicly offered to give head to anyone who would physically assualt him. Another journalist called for his parents to be killed and for him to thrown in a wood chipper. Celebrities called on their hundreds of thousands of followers to dox him. People who shared the same name as him were harrassed, their employers and prospective schools they were trying to get into deluged with obsence, threatening calls. His cowardly bishop even turned on him. They protested his church and tried to enter while parishoners were in worship.

The drunk Indian who got in his face was a proven liar who had pulled the exact same stunt before. All this has been proved on video,...and ignored, or dismissed.

And what exactly did this 16 year old kid do again?

Nothing.

You got this smug, edgy thing going were you're trying to project this affectation that you are cooly disspassinately "calling it like it is, because you are esconsed in "logic", hovering over the mewling conservatives. But thats just squid ink for the more simple fact of the tribalistic shilling you default to by way of partisian hackery.

He probably won't win the lawsuit but another important point has been made: The Left doesn't have the moral high ground in this. I hope to God this paticular case in some shape or form comes back to bite them in the ass.