Sandmann sues the WaPo
Here’s the text of the complaint.
Paul Mirengoff has a pretty good analysis of this particular suit’s prospects:
It’s worth noting, however, that much of the alleged defamation by the Post consists of quotations from Nathan Phillips, the jerk who confronted the Covington students. Some of it consists of the Post reporting what the students’ own arch-diocese said about them when it rushed to judgment.
The Post will argue, I assume, that it isn’t defamation to quote an eyewitness who got facts wrong. The complaint tries to head off this argument by alleging that the Post “recklessly relied on Phillips.”…
…I wonder what the implications are of allowing lawsuits against newspapers based on their choice of sources. If the Washington Post can’t rely on biased sources, its national news pages would be quite thin…
The Post reported, without quoting anyone, that the Covington students chanted “Build That Wall,” something the complaint says didn’t happen. But is it defamation to wrongly accuse someone of chanting this? Certainly it will make some people think worse of the students (and some think better of them). But the Post reported accurately that Sandmann and others wore MAGA hats. Would chanting “Build That Wall” add any loss of reputation to that already induced by the hats?
Even if the suit against the WaPo ultimately won’t fly, it’s still well worth it to file it in order to serve notice on the WaPo and other media outlets that they might actually face some financial consequences some day. But I think some of the defamation lawsuits by Sandmann against individuals have a decent chance of succeeding.
I’ve been reading various lawyers’ opinions all day that this suit may have some problems. On the other hand, the Washington Post might settle to avoid prolonging the controversy and further damaging its reputation. Or perhaps Bezos, who is calling out the National Enquirer for alleged blackmail, will decide to hold out. A nice settlement would get the Post off the hook and send Sandmann to college, all expenses paid.
The WaPoo is not the most in danger. CNN has been worse and many celebrities have serious liability. Plus deep pockets, of course.
The lawsuit alledges that the Post published “a series of false and defamatory print and online articles”. That the Post engaged in “negligent, reckless and malicious attacks” on Sandmann that “caused permanent damage to his life and reputation”…
Once the exonerating video evidence emerged, if the Post continued to libel Sandmann, IMO he’s “got them by the short hairs” because at that point it became willful slander.
If this lawsuit is successful, Sandmann should go after every media outlet that, once the video evidence emerged, did not issue an immediate retraction and apology to Sandmann.
Bankruptcy is the appropriate consequence for what they did to that adolescent. That especially appies to the ‘celebrities’ who did not publicly apologize in a timely manner.
This is an excellent course of action.
The MSM is feral. The courts are the place to start taming the beast(s).
I can only hope. It is time that these entities are held accountable. I should think that any thinking person, and certainly a Judge, would recognize the tactic that they routinely use as cover for their slander, defamation, or whatever correct legal term applies; i.e., just quoting sources. Of course they pick and choose the sources to make the point they want to make.
I trust the WP is only the first of many; and fervently hope that the Bishop and the Diocese are also in the line of fire.
In 2013, Jeff Bezos purchased WaPo for $250m.
In 2019, Sandmann is suing WaPo for $250m.
We were running errands today and I spent an hour listening to Sean Hannity. He had the Atlanta lawyer on who is representing Sandmann and the other kids (I assume) Hannity was on radio in Atlanta at the time of the Olympic bombing. He was the only one in media who did not blame Richard Jewel. The lawyer is the one who represented Jewel who died at age 44. He and Hannity are friends.
The lawyer is going after everybody. The statute of limitations does not begin to toll until the boy is 18. He is going to try to unmask Twitter users who trashed the kids. This is going to be a very big deal. Millions. He is going after celebrities.
The eventual bill may be a half billion. Some newspapers are trying to say the kid is a public figure. That is not likely to work and may suggest malice.
The Richard Jewel story.
A lot of news media and celebrities should be reading that story
The Richard Jewel story.
Mike K: Damn straight.
Though I would dearly love to know the specific “undisclosed monetary amount” of damages.
The book “Conspiracy” by Ryan Holliday tells the story of how Peter Thiel destroyed the Gawker internet empire by funding a defamation lawsuit by Hulk Hogan. The author is a leftist so he was not friendly towards Thiel but he was somewhat even handed so the story comes through. It took many years and Thiel’s deep pockets and determination and intelligence to bring Gawker down so do not expect anything to come from the lawsuits soon.
My sense is that this will be resolved by a confidential settlement.
The damage done to this boy, and his classmates, is so widespread and so indefensible. There are going to be so many defendants. How many confidential settlements can there be, before something leaks? Many, many, I hope, and after the leaks, many more. I am a mother of sons and a grandmother of grandsons and I want to see the people who thought they could destroy a teenaged boy because he attended a march and wore a hat learn something, and learn it unforgettably.
Mike K on February 20, 2019 at 6:20 pm at 6:20 pm said:
We were running errands today and I spent an hour listening to Sean Hannity. He had the Atlanta lawyer on who is representing Sandmann and the other kids (I assume) Hannity was on radio in Atlanta at the time of the Olympic bombing. He was the only one in media who did not blame Richard Jewel. The lawyer is the one who represented Jewel who died at age 44. He and Hannity are friends.
* * *
Something I hadn’t heard yet – good on the lawyer.
Karma in a three-piece suit.
Thanks for good note on Richard Jewel – and lawyer Lin Wood.
I suspect that there will be a combination of “undisclosed” payoffs, and some public ones. Tho, because I hope for more public punishments, my “hopeful bias” may be optimistic on the publicity of the payoffs. (I think “hopeful bias” is about future speculation that is biased, where “confirmation bias” is about analysis of a past event. The hopeful might well lead to the confirmation bias in interpretation).
Since Sandmann seems like such a nice guy, I can imagine him not pushing for maximum expected money (accepting lower but certain payoff), and instead go for maximum publicity & apology (plus some money. Millions instead of hundreds of millions).
Only when the lying and slanderous Dem media start losing money from their slanders, will they stop slandering folk.
My dream, almost-certain to be never realized, is that “racist” and “sexist” become terms that, if used against a normal person, can be the basis for a defamation suit. A suit that wins when that normal person shows they are not racist or sexist. (… an impossible dream)
From the complaint:
The Post must be deal t with the same way every bully is dealt with and that is hold the bully fully accountable for its wrongdoing in a manner which effectively deters the bully from again bullying other children.
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