Sandmann’s lawyers respond to the WaPo
There’s something intensely satisfying about reading this, even though I know that letters don’t change a thing, and even in a case of such egregious wrongdoing by the WaPo it isn’t all that likely that Sandmann will win his case against them.
But still, very well done:
The Post ignored its own culpability and wrongdoing. Mr. Kennedy’s letter stated that the Post “provided accurate coverage.” It did not and its belated public relations efforts change nothing and fool no one. The Post made no effort to retract and correct the lies it published.
The Post did not have the integrity to unequivocally admit its negligent and reckless violations of fundamental journalistic standards documented by its complete failure to investigate the incident at the National Mall before publishing lies about a child. One need only review the Post’s published list of its own Policies and Standards at https://www.washingtonpost.com/policies-and-standards/?utm_term=.ec515ec8b6aa to find violation after violation after violation.
The Post did not have the character to apologize to Nicholas and seek his forgiveness.
Highlighting its arrogance and lack of contrition, the Post announced its “deletion” of one of its false and defamatory tweets about the incident and Nicholas by re-posting the tweet so that its lies will also forever remain available on the Internet and in social media.
False accusations against an adult destroy a lifetime of accomplishments. False accusations against children forever rob them of their inherent right to define their lives for themselves and force them to suffer a life tainted and damaged by the permanent shadow of the lies.
Last Friday night the Post made clear that it has learned no lesson and remains willing in the future to falsely attack others to further its political agenda, including false attacks on children.
The Post has now double downed on its lies. As Nicholas’s lawyers, we will now double down on truth and aggressively continue our legal efforts to hold the Post accountable and obtain justice for Nicholas in a court of law.
With Sullivan, the standard of proof required for a public figure to successfully sue a newspaper for defamation became almost impossibly high, which gave the MSM a sense of tremendous power and invulnerability. Now, while it’s true that Nicholas Sandmann is not a public figure (that is, although the WaPo helped him to become one, he wasn’t one when the entire sorry episode began), and is in fact a minor as well, it’s also true that courts wish to give a great deal of leeway to the press because of the great need to protect press freedom.
The WaPo has a ton of money and a stable of high-powered lawyers, and you can bet they know their defamation law much better than I do. I would guess they feel they are protected by the sorts of arguments you can find here, the gist of those arguments being that the paper was only quoting other people.
So it is by no means an open-and-shut case for Sandmann. Nevertheless, every word of that letter from the lawyers gives me the satisfaction of at having the WaPo called out in no uncertain terms. This lawsuit was necessary, because even if it’s lost, it publicizes the fact that Sandmann is innocent and was falsely accused.
And there will be other lawsuits—against more legally vulnerable non-press private citizens—offering many more opportunities for Sandmann’s lawyers to remind the public of his innocence and to drive home the idea that there might actually be negative consequences for those who spread lies about young people.
The very fact that WaPo responded with weasel words is itself a victory. Bezos’ enormous wealth didn’t prevent them from feeling the heat.
CNN should be on the defensive in the near future. Ditto the Hollywood executive who suggested putting the kids in a wood chipper. Ditto Kathy Griffin and her ilk who encouraged the doxing and harassment of the kids. And ditto Professional Indian and media bottom-feeder Nathaniel Phillips. Let them all mumble their mealy-mouthed excuses while they sweat.
“This lawsuit was necessary, because even if it’s lost, it publicizes the fact that Sandmann is innocent and was falsely accused.” — Neo
This is why Palin brought her suit against the NYT (which she should have won): there needs to be constant publicity about media bias and their egregious defamation of anyone they want anytime they want just because They Are The Press (“and you are not, you silly blogger you!”) —
Thank God for the people like Neo and PowerLine and so many others fighting back against Big Ink.
I left this comment for the law firm:
“Best Wishes for a complete, total, and remunerative take-down of every smear artist involved in the attack on Nicholas and the other Covington Catholic students.
I hope you grind them all and severally into the mire from which they sprang.”
One need only review the Post’s published list of its own Policies and Standards to find violation after violation after violation.
This is what is going to cook them. This shows actual malice aforethought. Or, as I expect when this gets presented to the jury, we’ll see this:
WaPo lawyer: Your honor, I object!
Judge: On what grounds?
WaPo lawyer: On the grounds that it is devastating to my case.
Speaking of libels against minors, consider Graham Greene and Shirley Temple. Shirley Temple scandal was real reason Graham Greene fled to Mexico.
Note some differences: Shirley Temple was a public figure; Sandman was not. Graham Greene was sued in Great Britain because libel laws are more stringent there.
I wonder it Sandman would have consented to a WaPo interview, which would have then left the article(s) with a “Sandman said..Nathan Phillips said” narrative, which would have been fairer and less likely to result in a lawsuit. Did the WaPo even consider interviewing Sandman? I doubt it.
Recall that Kathy Griffin wanted the Covington High boys to be doxxed.
( While I despised Graham Greene’s politics, I have enjoyed reading his novels.)
I wonder if this lawsuit will result in the WaPo being fairer, more objective in its coverage. OTOH, were the WaPo to do so, it would lose a lot of its readership. Read the comments to see why I wrote that.
Yes, a most interesting travelogue.
If I recall correctly, Greene got pretty sick while in Mexico. If this is true, might it have been some sort of Quetzalcoatlan payback….
BTW, regarding doxxing the kids, I believe that some of the students (along with their families) received violent threats.
I doubt WP will be found guilty, but dragging them through the muck of the pigsty is a good thing. The softer targets are the celebrities who twittered their umbrage and slander, make them pay through the nose.
“… the gist of those arguments being that the paper was only quoting other people.”
That’s what Pelosi called “the wrap-up smear.” Someone does the smear, then the smear gets merchandized by reporters reporting on the smearer. We claimed nothing, he did.
Judge Napolitano thought that this libel case would be a tough one because there should be a literal income stream that was interrupted by the libel. I hope he is wrong.
I’m hoping that Sandmann and his lawyers rip a new one for everyone who piled on.
All of them deserve nothing less than a ruinous bankruptcy.
They all deserve to lose. It is satisfying to see the lawyers fight.
I think they will win. Any fair judge will agree that WaPo committed slander.
I don’t know about the settlement. I hope Nick holds out for a jury trial. The failure of WaPo to follow its own guidelines will likely be a key reason for their guilt.
They will only get better if they lose, with a significant loss.
“This lawsuit was necessary, because even if it’s lost, it publicizes the fact that Sandmann is innocent and was falsely accused.”
Yes, this is the best reason for the lawsuit.
And either I missed something or such lawsuits can make a difference because I don’t recall hearing Spike Lee chime in too much on Sandmann even though he had no problem with the George Zimmerman case. That was the case where he tweeted out “Zimmerman’s home address” – only it was the wrong Zimmerman and that couple sued him.
charles
And either I missed something or such lawsuits can make a difference because I don’t recall hearing Spike Lee chime in too much on Sandmann even though he had no problem with the George Zimmerman case. That was the case where he tweeted out “Zimmerman’s home address” – only it was the wrong Zimmerman and that couple sued him.
Paying attorney fees are a trivial expense for Jeff Bezos, but for most of us, having to pay attorney fees in a libel lawsuit would encourage us to talk more carefully in the future.
I would love to have Kathy Griffin hit with a lawsuit.
“All of them deserve nothing less than a ruinous bankruptcy.” – GB
From your keyboard to God’s ears…we can hope & pray.
Oh…Boss…looks like the Russkies ran off with the edit function again…coulda been the Chicoms I guess…they’re tricky too.
I hope Nick and his legal beagles get Medieval on the Post, but I have to wonder how a sixteen year old boy likes being referred to as a child.
Count me as one more vote for ruinous bankruptcy. Absolutely the Post acted with malice, not just negligence. When they got their chosen narrative out of Philips they never had any intention of interviewing Sandmann or the other kids to get their side of the story.
There is something about this case that angers me so much, much more than even Jussie Smollett as bad as that was. They went after kids. Absolutely unconscionable. You see it in comments from left-wing trolls on conservative blogs, still mocking and taunting high school kids. I hate the left so much.
I think the last thing the WaPo wants is for this law suit to get before a jury.
John on March 6, 2019 at 10:28 am at 10:28 am said:
I think the last thing the WaPo wants is for this law suit to get before a jury.
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Speaking of avoiding juries – the Colorado Civil Rights Commission decided to stand down from its second round of suits against Jack Phillips and his Masterpiece Cake Shop, after evidence surfaced that would certainly torpedo the Commission in light of their previous loss at the Supreme court.
http://www.adfmedia.org/News/PRDetail/10622
Good! Thanks, Aesop.