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Can Nick Sandmann Save the First Amendment?
American Spectator ^ | February 21, 2019 | David Catron

Posted on 02/23/2019 10:24:10 AM PST by Twotone

Nick Sandmann is back in the news, literally with a vengeance. If there is anyone in the galaxy who doesn’t recognize the name, this is the high school teen viciously maligned by the media after a leftwing activist with a film crew attempted to provoke a confrontation with him as he waited for a bus near the Lincoln Memorial. Having committed the crimes of wearing a red MAGA cap and smiling, Sandmann was vilified by the media as a smug beneficiary of “white privilege” who had bullied a Native American veteran. This turned out to be a lie, of course.

Consequently, Sandmann’s parents are suing the Washington Post for $250 million pursuant to its participation in a “modern-day form of McCarthyism” and enthusiastically joining “a mainstream and social media mob of bullies which attacked, vilified, and threatened Nicholas Sandmann, an innocent secondary school child.” The pretext for this outrage was a deceptively edited video suggesting that Sandmann was the aggressor in the “confrontation” with alleged Vietnam veteran Nathan Phillips. The full video revealed that the former was, in fact, the victim.

This incident enraged a public whose trust in the “news” media is already at an all time low and alarmed many honest journalists and scholars who fear that the increasing number of such abuses by the press will cause an overreaction by the courts resulting in undesirable restrictions on the First Amendment. Indeed, confirming the validity of such concerns, Supreme Court Justice Clarence Thomas just wrote a concurring opinion in which he suggested that NYT v. Sullivan, a landmark First Amendment ruling involving defamation cases, should be revisited:

(Excerpt) Read more at spectator.org ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: 1stamendment; covington; covingtoncatholic; covingtonstudents; libel; nicksandmann

1 posted on 02/23/2019 10:24:10 AM PST by Twotone
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To: Twotone

There are already claims that Sandman’s suit is a Threat to the 1st Amendment. The MSM has long assumed that there can be NO liability for anything they “report.”


2 posted on 02/23/2019 10:29:32 AM PST by arthurus (f)
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To: Twotone

Sandmann is a private citizen and a minor. Pay up you jerks! All of you.


3 posted on 02/23/2019 10:42:20 AM PST by Ken H (2019 => The House of Representin')
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To: arthurus

“NYT v. Sullivan is regarded as sacrosanct by the media. The general gist of the ruling is that news organizations can’t be sued for defaming public figures unless they act with “actual malice.””

I don’t think it would be hard to prove ‘actual malice’ in this case. The hateful left should receive a proper punishment for their efforts. I hope they are bankrupted.


4 posted on 02/23/2019 10:50:33 AM PST by Twotone
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To: Twotone

” Supreme Court Justice Clarence Thomas just wrote a concurring opinion in which he suggested that NYT v. Sullivan, a landmark First Amendment ruling involving defamation cases, should be revisited:”

Thomas is right. Sullivan requires that, in order to beat the press, the accuser has to prove malice in intent. That’s an ambiguous standard, at best.

Can Sandmann et al prove malice? I’ve no doubt there was malice in the hearts and minds of his accusers, but don’t know how you can prove it.

Go Sandmann. Twist it until they squeal.


5 posted on 02/23/2019 10:54:42 AM PST by be-baw
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To: Twotone

The liberal media has been feeding unrest to the mob, not caring how much violence it results in, while every act of violence by the left goes unreported by them. Then they targeted a completely innocent minor, called him a racist and a bully, then gave his name and picture out to their whipped up mob.


6 posted on 02/23/2019 10:56:22 AM PST by Telepathic Intruder
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To: Twotone

My sympathy for this poor kid and his family is boundless. I hope he wins BIG and LOUD.


7 posted on 02/23/2019 11:30:30 AM PST by 13Sisters76 ("It is amazing how many people mistake a certain hip snideness for sophistication. " Thos. Sowell)
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To: Twotone

Until the media propagandists suffer real consequences for spewing obnoxious falsehoods there will be no end to their fake “narrative(s)”.


8 posted on 02/23/2019 11:43:45 AM PST by chief lee runamok (expect nothing)
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To: arthurus

That kid and his lawyers getting every penny of that 250 million would definitely cool the jets of the Hollywood types. Bezobub might not even have enough in his nightstand drawer to cover it.


9 posted on 02/23/2019 11:45:10 AM PST by The Antiyuppie ("When small men cast long shadows, then it is very late in the day.”)
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To: Twotone
What, the networks are claiming their first amendment rights include airing deceptive reports with the intent of imflaming public opinion?

The phrase "Yelling fire in a crowded theatre" comes to mind...

10 posted on 02/23/2019 12:10:43 PM PST by ZOOKER (Until further notice the /s is implied...)
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To: Twotone
Can Nick Sandmann Save the First Amendment?

Can Nick Sandmann. Does that mean to fire him?
Fire Nick Sandmann and save the First Amendment?

Who is Nick Sandmann anyway? Is he another 12 year old reporter?

11 posted on 02/23/2019 12:15:21 PM PST by mountainlion (Live well for those that did not make it back.)
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To: Twotone
I hope there is a bunch of lawsuits against individual "reporters" and editors separate from the suits against corporations.I want the 250mil all the other judgments, not all rolled into that one 250mil.
12 posted on 02/23/2019 12:30:38 PM PST by arthurus (mn)
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To: mountainlion
First posted paragraph:

Nick Sandmann is back in the news, literally with a vengeance. If there is anyone in the galaxy who doesn’t recognize the name, this is the high school teen viciously maligned by the media after a leftwing activist with a film crew attempted to provoke a confrontation with him as he waited for a bus near the Lincoln Memorial. Having committed the crimes of wearing a red MAGA cap and smiling, Sandmann was vilified by the media as a smug beneficiary of “white privilege” who had bullied a Native American veteran. This turned out to be a lie, of course.

13 posted on 02/23/2019 12:34:02 PM PST by yesthatjallen
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To: yesthatjallen

First posted paragraph:

I reread it. I guess i don’t like the style it is written in or something.


14 posted on 02/23/2019 12:37:18 PM PST by mountainlion (Live well for those that did not make it back.)
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To: Twotone

I must say these recent two examples were a real good one - two
punch against the media And their blatant deceit and disregard for the truth

Covington was ridiculous

But honestly this Smollett Molette thing that’s been going on now for weeks and just completely occupying the media- that totally blowing up at them is beyond hilarious. Stunningly incredibly funny. What can they say ?

How can they possibly blame Donald J Trump our great President for this


15 posted on 02/23/2019 1:12:14 PM PST by Truthoverpower (The guvmint you get is the Trump winning express !)
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To: Truthoverpower

It’s almost like conservative couldn’t possibly pay people like AOC Smolett and some of these others to do more damage to the Democrats if they tried !


16 posted on 02/23/2019 1:13:27 PM PST by Truthoverpower (The guvmint you get is the Trump winning express !)
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To: Twotone

This kid and every kid knows now and have known their entire life that everybody on the planet has a video camera and could be videoing you at any moment

The fact that he just sat there and smiled for like five minutes straight is perfect

just perfect

I love this kid

it’s exactly what I would’ve done

or I would’ve said hey can I help you drum sir ?

Here I’ve brought MY OWN DRUMS !


17 posted on 02/23/2019 1:25:27 PM PST by Truthoverpower (The guvmint you get is the Trump winning express !)
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To: Twotone

The modern-day news media has, to a large extent, become the propaganda arm of the Democrat/Progressive Party.

I’ve asserted since the day of the event that the inevitable lawsuits will make that day a turning point in how the press operates.

The reporters in place won’t change, but their bosses might just change the reporters in place if enough owner’s capital is put at risk by the present propagandistic reporting. $250 million would be a good start, and I have a feeling a Kentucky jury just might agree.


18 posted on 02/23/2019 1:32:08 PM PST by Norseman (Defund the Left....completely!)
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To: Twotone

There’s no reason to prove actual malice — Sandmann is not a “public figure”, per the law.


19 posted on 02/23/2019 2:02:28 PM PST by USFRIENDINVICTORIA
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