Malicious Disregard For The Truth

Nick Sandmann and the other Covington Kids, justifiably upset after malicious editing left them the targets of the purple-faced rage of America’s virtue-signaling lynch mob, are suing the WaPo for $250 million.

The lawsuit claims The Post “ignored the truth” about the incident and says the paper “falsely accused Nicholas of … ‘accost[ing]’ Phillips by ‘suddenly swarm[ing]’ him in a ‘threaten[ing]’ and ‘physically intimidat[ing]’ manner … ‘block[ing]’ Phillips path, refusing to allow Phillips ‘to retreat,’ ‘taunting the dispersing indigenous crowd,’ [and] chanting, ‘Build that wall,’ ‘Trump2020,’ or ‘Go back to Africa,’ and otherwise engaging in racist and improper conduct. …”Sandmann’s attorneys accuse The Post of publishing seven “false and defamatory” articles about the incident between Jan. 19 and 21 and claim the paper “knew and intended that its false and defamatory accusations would be republished by others, including media outlets and others on social media.”

Fox News, 2/19

Defamation cases are hard to win – justifiably so. We don’t want a system like the UK, where the famous and well-connected can shut up all criticism.

On the other hand, given the intensity of Big Media’s drive to “other” everyone who didn’t vote for Hillary, I’m wondering if there’s a legal theory that’d support a class action defamation suit?

27 thoughts on “Malicious Disregard For The Truth

  1. From the time that WaPo became aware of the viral video to when the first story went out the door…… was two hours.

    In that time, they interviewed Phillips, who any sane person would perceive as insane and “tried” to contact Covington School and the Dioceses, as if both would have a PR agent available at 3:00pm on a Saturday.

    In that two hours, did anyone at The Washington Post say, “let’s be careful here, it’s kids we are talking about?”

    Or more importantly…

    “Why are we covering a twitter panic over a high school kid who smiled at a gadfly?”

  2. The “Absence of Malice” defense is pretty broad for media, which can claim the “public interest” in sharing info that turns out to be false or even libelous, as long as they didn’t do so maliciously. Malice is hard to prove, but one good indicator is when you share something AFTER you know the information to be false. The WaPo and other outlets are likely safe for the initial reports, despite their lack of due diligence (which is in tatters in this 24/7 news era). Anything reported after the full story was available, though, opens a big can of worms, and if it gets to court (for WaPo and other outlets), each of those worms is going to be dragged out and, hopefully, left in the sun to dry.


  3. Why am I not surprised that this is the reaction of this particular family? Of course they’ve sued. The narrative they’ve taught their son is that he’s better than others, shouldn’t be held accountable for anything he does, and this falls right in line with that mentality. They will get their Warhol 15 minutes and regret it.

  4. Nick’s legal team is also suing noted bully Kurt Eichenwald for his continued Twitter assaults on him. This is the same angry white guy that savaged Kyle Kashuv, a survivor of the Parkland shootings for being pro gun. The guy is a real scum ball!

  5. I hope they win and bankrupt the paper.

    The adults that are to blame are the chaperones.

    That is literally exactly what one fired journalist said Emery.

  6. Emery, what exactly did any of the Covington kids do that was wrong? Beside not kneel in tribute to ex-alcoholic liar?

  7. Eichenwald? Is that the same Kurt Eichenwald who claimed (citing no evidence!) that Trump was in a mental institution in early 90s? The same Eichenwald who was caught cruising Japanese porn sites and then claimed that he was only doing it to prove that there was such a thing as “tentacle porn”?
    The Kurt Eichenwald whose glorious journalism has appeared the NY Times, Vanity Fair, and Newsweek?

  8. “EXTRA! EXTRA! Privileged white editors at the Washington Post accuse 16 year high school student of being white & privileged!”

  9. Why am I not surprised that this is the reaction of this particular family? Of course they’ve sued. The narrative they’ve taught their son is that he’s better than others, shouldn’t be held accountable for anything he does – Emery

    So let’s sum this up.

    – The black Israelites shriek racist, sexist, homophobic insults at children.

    – An ex-alcoholic ‘activist’ gadfly with a history of lying about his military history and status as an “elder” intimidates a crowd of children then lies about his actions.

    – The Washington Post, in violation of journalistic ethics and norms, jumps the gun and gets the story completely backward.

    – The MSM outdoes The Post by violating journalistic ethics and norms.

    – Celebrities pile on….

    And who does Emery blame? Why the kids and their chaperones who were doing nothing wrong and did nothing wrong, naturally.

    Why not simply admit that you and your buddies F’d the pooch big time and just say, sorry, we screwed up?

    Better question: when has the left ever…..?

  10. The Washington Post, in violation of journalistic ethics and norms

    HAHAHAHAHAHAHAHA, oh wait your serious, that makes it even funnier Greg. Anything that was close to that was thrown out when Trump beat Hillary man. You should know thaT MAN.

  11. Keep saying crap like that, Emery, and the next thing you know one of Lin Wood’s process servers will be knocking on your door – they did say there eventually will be hundreds of lawsuits and they’ve got 2 years yet in which to file them.

  12. MP,

    Yup! Same demented SoB! Vanity Fair has apparently shunned him for his antics against teens.

  13. HAHAHAHAHAHAHAHA, oh wait your serious

    You didn’t catch joke.

    I was channeling Saul Alinsky’s Rules for Radicals:

    You know: RULE 4: “Make the enemy live up to its own book of rules.” but since they no rules, it’s even funnier. Oh,oh, wait a minute, they do have rules but their first rule is: RULE 1: These rules don’t apply to us.

  14. There is a special kind of stupid that blames the victim of false allegations a month after those false allegations have been refuted. It’s a special kind of stupid that, in a just world, would be rewarded with a shiner and a fat lip.

  15. Sorry Greg, I have a hard enough time distinguishing jokes from reality when people talk to me (I have Asperger) trying to figure it out in print is damn near impossible for me, my bad.

  16. Prince of Darkness_666,

    You and me both good buddy, in this world half of what goes down is a joke and should be seen as such. 🙂 🙂 🙂

  17. PoD, Poe’s Law. There’s “an adage of Internet culture that states that, without a clear indicator of the author’s intent, it is impossible to create a parody of extreme views so obviously exaggerated that it cannot be mistaken by some readers or viewers as a sincere expression of the parodied views”. You’re in good company, my man.

  18. “The Post ignored basic journalist standards because it wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump by impugning individuals perceived to be supporters of the President.” ~ Sandmann vs Washington Post

    Incredibly stupid to go beyond accusing the Post of reckless journalism and also accuse it of bias against Trump. Now proving that will be central to making their case.

    If there was a Trump University Law School I know what their “graduates” are up to.

  19. Even Trump U graduates know that only men have a penis and only women menstruate. At the US Dept. of Education and the Ivy Leagues this is forbidden information.

  20. Is the plaintiff a “public figure” entitling the media to heightened protection?

    If he is, didn’t they make him one rather than him seeking the limelight?

    Seems unfair to let the defendant stack his own deck.

    Time to reconsider NYT v. Sullivan?

  21. It is amazing that so many of the things I was taught by liberal teachers in the public schools of the 70s are now repudiated by today’s liberals. Don’t judge on appearance, there are two sides to every story, wait until you know all of the facts before you judge, and most of all, simple charity.

  22. In other news about left-wing hate crimes, the Berkeley police have identified the suspect who cursed & sucker punched a TPUSA student handing out flyers at the Berkeley campus the other day: “On Friday, police said a possible suspect in the attack has been identified. Police said the suspect is not a student or affiliated with the university.”

    The fact that the suspect is not a student is not surprising. This is an antifa trademark (though you would have a hard time learning anything at all about antifa from MSM sources). A lot of the antifa types are college age, and hang out on campuses, but are not actually students. This allows them to act as a militant and hidden thought police. They can mill around the campus and monitor activities w/o attracting attention, and are immune to the sorts of discipline a student might be subjected to (they can’t be expelled). Since they aren’t students, university officials can say there assaults are not their problem and does not reflect the university’s policies or culture.

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