Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
U.S.
First Amendment Lawyers Say Covington Student Has No Case Against the Washington Post
The Wrap Jon Levine,The Wrap Wed, Feb 20 7:27 PM EST
Covington High School student Nicholas Sandmann’s $250 million defamation lawsuit against the Washington Post has little chance of success, according to most First Amendment lawyers interviewed by TheWrap.
Sandmann’s lawyers accuse the paper of “a modern-day form of McCarthyism” and “using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles.” The articles center on Sandmann’s widely viewed face-off with Native American elder Nathan Philips.
But the Post is likely to be found guilty only of practicing journalism, according to three attorneys not involved in the case.
“It’s more like one of these old fashioned cases filed on page 1 and dismissed on page 34,” Ron Kuby, a First Amendment and civil rights attorney, told TheWrap on Wednesday. “If you report two sides of an encounter, you know that one side is ultimately going to be proven incorrect. That doesn’t mean you’re open for defamation claims.”
The only one that chose to become "part of something" (actually to "create something from nothing") was the racist hate monger and bully of children-Nathan Phillips. And his racist cohorts. Sandmann did a fine job of pulling a "Gandhi" in the face of bullying and racism, and is a good example for many to follow. Most adults when faced with a hate-filled old man ranting incoherently in their face and banging a toy drum inches from their face would not have responded as passively as Sandmann did. Hopefully that old racist bully at the least is sued into poverty-preferably tried and locked up for hate crimes. This old "man" threatened and intimidated children, then went to the media, lied about their actions and engendered hatred and racism against those innocent children. Phillips-and our media, are lying scumbags. Hopefully there is accountability for their acts.
" Hopefully that old racist bully at the least is sued into poverty-preferably tried and locked up for hate crimes"
I remember EVERY TIME a "big story" broke abort a WHITE cop accused of shooting a black guy, Obama would IMMEDIATELY send in the FBI to "investigate" for a "hate" crime.
I wonder of the FBI have been sent in for this incident?
Absence of Malice is an ethical and moral term used to describe the decision a journalist must make about whether or not to write and print a newspaper story that may or may not ultimately prove to be true and that may or may not damage an individual's reputation. The term is paraphrased from the Supreme Court's 1964 landmark case on defamation law, New York Times Co. v. Sullivan, that laid out First Amendment protections. In short, a person could not be found guilty of defamation or libel if the plaintiff could not prove actual malice, reckless disregard for the truth, or published (or spoke) a falsehood knowing it was false. As the attorney for the Miami Standard points out to Megan when she is questioning whether or not to print an article revealing Michael's suspected involvement, they have no knowledge that the story is false, therefore there is absence of malice (evil intent) on Carter's part, and they are justified in printing the story as news."
Absence of Malice
Absence of Malice is a 1981 American drama film starring Paul Newman, Sally Field, and Bob Balaban, directed by Sydney Pollack. The title refers to the legal definition of libel defamation, and is used in journalism classes to illustrate the conflict between disclosing damaging personal information and the public's right to know."
You're using an imdb review of a movie title to understand the law
"Held: A State cannot, under the First and Fourteenth Amendments, award damages to a publicofficial for defamatory falsehood relating to his official conduct unless he proves "actual malice" -- that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false." https://supreme.justia.com/cases/federal/us/376/254/
"Injured plaintiffs who are private citizens only have to prove the four elements listed above. An injured plaintiff who is a “public figure,” however, has to prove these four elements plus one more: that the defendant published the statement with “actual malice.”
I haven't been following this but, finally, curious about why there were so many posts clicked on the thread. Last night, I unsuccessfully tried to google to see whether or not WaPo ever reached out to Covington prior to publishing the story.
They should have. You cannot report a story about a "conflict" without talking to both sides. Internet videos can be truncated and can only count for so much. People lie, like Phillips did. I skimmed through the lawsuit but couldn't find a clear statement.
It was noted that the WaPo investigation was incomplete, that they that relied on information from Phillips, that they did not take into account the Covington student side (why this might be is not clear). Nothing about whether or not they called up Covington and asked to speak to the chaperones. Maybe I missed it.
I'm really curious. Like I said, to not do that is unacceptable. And does bring into question the journalistic standards of the newspaper.
For the record, I didn't see much about the encounter to get folks upset. The Hebrew Israelites were spewing hate. Indian activists were milling about doing their thing. A bunch of high school students were taking in the scene as they waited for the bus. Another day in the life of a big city.
No reason really to criticize the chaperones for not moving the kids away. Most of them seemed to be enjoying it. I would had I been a chaperone immediately pulled back the one kid who took off his shirt and danced into the area in front of the Hebrew Israelites. Not so much because the kid was wrong but it's best to keep your cool when in potentially volatile settings with the chaperone responsible for the kid.
The only person who seemed to become somewhat upset was the one Indian activist who had a brief interchange with a few of the kids. He soon moved away, which was for the best.
Stuff really only became an issue once someone connected to Phillips faked up a video.
For the record, I didn't see much about the encounter to get folks upset. The Hebrew Israelites were spewing hate. Indian activists were milling about doing their thing. A bunch of high school students were taking in the scene as they waited for the bus. Another day in the life of a big city.
No reason really to criticize the chaperones for not moving the kids away. Most of them seemed to be enjoying it. I would had I been a chaperone immediately pulled back the one kid who took off his shirt and danced into the area in front of the Hebrew Israelites. Not so much because the kid was wrong but it's best to keep your cool when in potentially volatile settings with the chaperone responsible for the kid.
The only person who seemed to become somewhat upset was the one Indian activist who had a brief interchange with a few of the kids. He soon moved away, which was for the best.
Stuff really only became an issue once someone connected to Phillips faked up a video.
"stuff" became an issue when the "leading" media outlets jumped at the chance to demonize Trump and as a result.... these innocent kids. THAT is what is upsetting...…...
This hoopla started when a woman with the Native American group posted an edited video online. Within hours it was picked up by the media, I believe it was WaPo. She was named in the lawsuit but I don’t know if they are suing her as well.
It started with an activist/agitator with the Native American agitator posting an edited video.
"stuff" became an issue when the "leading" media outlets jumped at the chance to demonize Trump and as a result.... these innocent kids. THAT is what is upsetting...…...
Yeah. I get that. Not really knowing how folks saw things earlier in the thread (not following) I provided my own summary. Still ... I remain curious about whether or not the Post picked up the phone to call Covington. That should be a basic journalistic standard.
All you are accomplishing is increasing your post count.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
