Former Covington Catholic High School student Nicholas Sandmann has lost his defamation lawsuit against multiple media outlets over reporting on a viral video featuring him in 2019, the Cincinnati Enquirer reports.
Sandmann, who was 16 at the time, was recorded during an encounter with a Native American man, Nathan Phillips, at a demonstration in Washington, D.C. on Indigenous Peoples Day. Phillips later told The Washington Post that Sandmann "blocked [his] way and wouldn't allow [him] to retreat."
Phillips' remarks were quoted by The New York Times and other outlets in reports on the video at the time. Sandmann sued Gannett, The New York Times, Rolling Stone magazine, ABC News and CBS News for $1.25 billion in total over the coverage of the incident. However, U.S. District Judge William Bertelsman found in an opinion issued on Tuesday that the "blocking statements" Phillips made were "objectively unverifiable," and therefore protected by the Constitution as opinions.
Bertelsman characterized the incident as "a matter of great public interest," and included Phillips' own view of the events.
"Sandmann had no way of knowing that Phillips was trying to pass him," Bertelsman said. "Likewise, Phillips had no way to confirm his belief that Sandmann intended to block him and would not allow him to retreat."
A New York Times spokesperson said that this ruling "reaffirms that the Times provided a fair account of the controversy surrounding the events that took place that day on the National Mall."
An attorney for Sandmann told the Cincinnati Enquirer that they were disappointed by the decision and will file an appeal. CNN, NBC, and the Washington Post previously reached settlements with Sandmann.
Theodore Bunker ✉
Theodore Bunker, a Newsmax writer, has more than a decade covering news, media, and politics.
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