The Supreme Court on Monday declined to hear the defamation appeal of a former Kentucky Catholic high school student who sued multiple media outlets for their coverage of his standoff with a Native American protester in Washington, D.C., in 2019.
In an order list, the Supreme Court let stand a lower court's ruling to dismiss the $1.25 billion libel lawsuit that former Covington Catholic High School student Nicholas Sandmann filed against The New York Times, ABC News, CBS News, and Gannett.
Sandmann, who was 16 at the time and in D.C. for the annual "March of Life" event, also announced on X that his petition had been denied.
Video of Sandmann's smiling staredown of activist Nathan Phillips on Indigenous Peoples' Day at the Lincoln Memorial while wearing a MAGA hat supportive of Donald Trump went viral. Phillips would later tell The Washington Post that Sandmann "blocked his way and wouldn't allow retreat."
Other outlets picked up Phillips' comments, leading to Sandmann's lawsuit, which cited "cancel culture" that took place after the incident and the subsequent reporting of it.
"Sandmann was denounced by his church diocese, denied re-admission to his high school, and attacked in the national media," according to his petition. "Round-the-clock police protection was assigned to his house; his visage was featured on nearly all major television outlets, with celebrity commentators stating that they would 'like to punch him in the face,' and worse."
However, a judge ruled in July 2022 that Phillips' "blocking statements" were "objectively unverifiable," and therefore protected by the Constitution as opinions. In August, the 6th Circuit ruled 2-1 against rehearing the case en banc, also saying the "blocking" statements were "nonactionable."
Sandmann filed his appeal with the Supreme Court in January.
The Post (July 2020), NBC News (December 2021), and CNN (January 2020) reached settlements with Sandmann. Terms were confidential.
Mark Swanson ✉
Mark Swanson, a Newsmax writer and editor, has nearly three decades of experience covering news, culture and politics.
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