Judge Reopens Nick Sandmann's $250M Libel Lawsuit Against The Washington Post

A federal judge reversed his ruling Monday and announced that the family of Kentucky teenager Nick Sandmann can sue The Washington Post for libel over its coverage of the teenager.

Sandmann’s family sued WaPo in February, writing that the publication allegedly “target and bullied” the teenager after an incident involving a Native American activist at the Lincoln Memorial in January. Judge William Bertelsman rejected the suit in July, citing the First Amendment, but changed his mind Monday and agreed to allow three of the 33 published statements to move forward, WaPo reported.

Sandmann attended a school trip to Washington, D.C. on Jan. 18 with classmates from Covington Catholic High School in Kentucky, and some of them, including the teenager, wore “Make America Great Again” hats. As they were chanting school cheers, Nathan Phillips, a Native American advocate, came towards the teenagers while beating a drum, according to WaPo.

Phillips accused Sandmann of blocking him on the steps of the Lincoln Memorial, and the teenager denied he did so intentionally.

Bertelsman first said all 33 statements in WaPo’s article that Sandmann’s family sued over were not defamatory. He did not explain his reconsideration after deciding that three of the statements in the lawsuit could go forward.

“Suffice to say that the Court has given this matter careful review and concludes that ‘justice requires’ that discovery be had regarding these statements and their context,” Bertelsman wrote Monday. “The Court will adhere to its previous rulings as they pertain to these statements except Statements 10, 11, and 33, to the extent that these three statements state that plaintiff ‘blocked’ Nathan Phillips and ‘would not allow him to retreat.”

The three statements from WaPo’s coverage involve references to Sandmann allegedly blocking Phillips, the Washington Times reported. The outlet issued a lengthy editor’s note March 1 after the Sandmann family filed a lawsuit.

As a prepare for summary judgment hearing today in LA in Vernon Unsworth v. Elon Musk, the news of our team’s huge win in Covington, KY reaffirms my career-long belief that our system of justice works. Nicholas Sandmann deserves his day in court against WaPo. Now he will get it.

— Lin Wood (@LLinWood) October 28, 2019