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Lone dissent rips appeals court for refusing to revive Nick Sandmann’s libel case against media: He ‘did nothing more than stand still and smile’
Law and Crime ^ | Aug 18, 2023 | Matt Naham

Posted on 08/18/2023 9:20:29 AM PDT by where's_the_Outrage?

Nick Sandmann, who at the time was a Covington Catholic student, appears in a screengrab taken from a video filed as an exhibit in federal court.

A federal appellate panel in a 2-1 decision Wednesday denied former Covington Catholic student Nick Sandmann’s bid to revive libel claims against mainstream media outlets over their coverage of his 2019 encounter with Native American activist Nathan Phillips in Washington, D.C. at the March for Life.

In July 2022, Senior U.S. District Judge William O. Bertelsman, a Jimmy Carter appointee sitting in the Eastern District of Kentucky, granted summary judgment and threw out Sandmann’s lawsuit, concluding that the media outlets which covered Sandmann and Phillips’ face-to-face were “covering a matter of great public interest, and they reported Phillips’s first-person view of what he experienced” — that Sandmann had “blocked [his] way and wouldn’t allow me to retreat.”......

“I disagree and would reverse and remand for further proceedings,” he continued, elaborating on why:

[T]he statements that Sandmann blocked Nathan Phillips’s ascension to the Lincoln Memorial; prevented Phillips from retreating; and impeded Phillips’s movements by stepping to his left and stepping to his right, were actions capable of objective verification. Thus, because these events can be objectively verified, I would hold that the opinion exception to the laws of defamation does not apply.

Griffin later criticized the majority for engaging in “creative journalism” by essentially “rewrit[ing]” the news articles at issue:

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: 2stoogesto1judge; 2to1; bidenstooge; branstetterstranch; dawkinsdavis; dubyajudge; edkentucky; janebstranch; janestranch; media; medialible; msm; obamastooge; richardagriffin; richardallengriffin; richardgriffin; sandmann; sixthcircuit; sixthcircus; stephaniedavis; stephanieddavis; twotoone; williambertelsman; williamobertelsman
Looks like it's OK for the media to ignore facts to create animosity, but it's RICO for Trump to tell people to look for the facts.

Hope this is appealed to SCOTUS.

1 posted on 08/18/2023 9:20:30 AM PDT by where's_the_Outrage?
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To: where's_the_Outrage?

Here’s some advice, do everything you can to avoid our judicial system. The whole blind lady justice thing, the only thing justice is blind to is reason and laws.


2 posted on 08/18/2023 9:23:56 AM PDT by 1Old Pro
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To: where's_the_Outrage?

“Sandmann blocked Nathan Phillips’s ascension to the Lincoln Memorial; prevented Phillips from retreating; and impeded Phillips’s movements by stepping to his left and stepping to his right”

Have watched clips of the encounter many times and never saw any of the above. Phillips picked the fight with his drumming in Sandman’s face and there was no other movement.

The rest is a fabrication.


3 posted on 08/18/2023 9:24:29 AM PDT by Regulator (It's fraud, Jim)
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To: where's_the_Outrage?

It always seemed very queer that the media was so quick to ‘dox’ Mr. Sandmann but didn’t even bother to figure out the identities of the ‘black hebrew israelites’ or whatever the hecklers call themselves.


4 posted on 08/18/2023 9:29:22 AM PDT by posterchild
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To: where's_the_Outrage?

“Arresting people for saying our elections are rigged seems like a horrible way to convince people our elections aren’t rigged.”


5 posted on 08/18/2023 9:32:00 AM PDT by MeganC (There is nothing feminine about feminism. )
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To: where's_the_Outrage?

If you’re an American, especially a white, AMERICAN male, you can forget getting justice out of the Feral courts. To them, you’re just a racist Nazi.


6 posted on 08/18/2023 9:45:27 AM PDT by FlingWingFlyer (Welcome to Amerika! Have you filed a lawsuit today?)
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To: where's_the_Outrage?

Cannot Sandman’s lawyers appeal the case to be heard by the whole appeallete court, seeking an override of the ruling by the mere 3 judges?


7 posted on 08/18/2023 9:55:33 AM PDT by Wuli
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To: Wuli
Cannot Sandman’s lawyers appeal the case to be heard by the whole appeallete court, seeking an override of the ruling by the mere 3 judges?

They can ask for an en banc review. The court does not have to grant the review.

8 posted on 08/18/2023 9:58:33 AM PDT by marktwain
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To: marktwain

Yes, en banc. The dissent is suggesting that the majority decision is weak and vulnerable to reversal should en banc review take place.


9 posted on 08/18/2023 10:07:16 AM PDT by one guy in new jersey
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To: where's_the_Outrage?

Another Writ of Hocus Pocus succeeds.


10 posted on 08/18/2023 10:09:12 AM PDT by DPMD (ua)
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To: one guy in new jersey

First, might as well poll the judges on their party registrations.


11 posted on 08/18/2023 10:10:19 AM PDT by DPMD (ua)
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To: where's_the_Outrage?

This would be a great case to take to the Supreme Court to get the Sullivan doctrine modified.


12 posted on 08/18/2023 10:28:22 AM PDT by circlecity
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To: where's_the_Outrage?
Standing your ground against an in-your-face activist is brave if you're a POC and Racist if you're White.
Details does not matter.

13 posted on 08/18/2023 10:38:17 AM PDT by BitWielder1 (I'd rather have Unequal Wealth than Equal Poverty.)
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To: where's_the_Outrage?

When the judiciary is openly observed to be politically corrupted there can be no justice.


14 posted on 08/18/2023 10:39:47 AM PDT by fella ("As it was before Noah so shall it be again," )
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To: circlecity
This would be a great case to take to the Supreme Court to get the Sullivan doctrine modified.

That would be awesome.

15 posted on 08/18/2023 10:48:36 AM PDT by Sparticus (Primary the Tuesday group!)
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To: 1Old Pro

When the justice system collapses, the 2A delivers justice. We’re close. Very close.


16 posted on 08/18/2023 10:52:06 AM PDT by Right Brother
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To: 1Old Pro

Bertelsman is one of the most vile, partisan pieces of s*** out there in Article III land.


17 posted on 08/18/2023 10:53:45 AM PDT by kiryandil (China Joe and Paycheck Hunter - the Chink in America's defenses)
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To: where's_the_Outrage?

The filthy news media used the word “smirk” to describe this man’s smile which he put on to attempt to defuse the situation.

Sandmann should OWN the media on this one.


18 posted on 08/18/2023 10:54:59 AM PDT by I want the USA back (The gender binary is true. There are two sexes of the species Homo Sapiens. You are one OR the other)
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To: where's_the_Outrage?
In July 2022, Senior U.S. District Judge William O. Bertelsman, a Jimmy Carter appointee sitting in the Eastern District of Kentucky, granted summary judgment and threw out Sandmann’s lawsuit, concluding that the media outlets which covered Sandmann and Phillips’ face-to-face were “covering a matter of great public interest, and they reported Phillips’s first-person view of what he experienced”
Trump's attorneys should invoke this as precedent.
19 posted on 08/18/2023 2:03:49 PM PDT by nicollo ("This is FR!")
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