Judge to allow portion of Nick Sandmann lawsuit against Washington Post to continue
Cameron KnightCINCINNATI - A federal judge is allowing a portion of Covington Catholic student Nick Sandmann's lawsuit against The Washington Post to continue after first dismissing the case.
After reviewing an amended complaint, Judge William Bertelsman ordered Monday that the case could enter the discovery phase and hence a portion of the lawsuit against the newspaper could continue.
Nick and his attorneys had alleged that the gist of a Washington Post article conveyed that Nick had assaulted or physically intimidated Nathan Phillips and engaged in racist conduct after the Right to Life March in Washington D.C. on Jan. 18.
A video shows Sandmann and Phillips, a Native American who was demonstrating that day, standing close to each other in a crowd, and Sandmann staring at Phillips as he plays a drum.
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Sandmann's lawyers argue that the Washington Post incorrectly characterized the teen as the aggressor in the situation and exposed him to public ridicule.
Bertelsman said in the order that he stands by his decision that 30 of the 33 statements Sandmann's lawyers argued were libelous were not, but that "justice requires" further review of three of the statements.
"These three statements state that (Sandmann) 'blocked' Nathan Phillips and 'would not allow him to retreat,'" the order reads.
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Bertelsman said the amended complaint also argues that Phillips "deliberately lied" and "had an unsavory reputation." The new complaint also states the Washington Post should have known about Phillips due to the previous coverage of him.
The judge's order that discovery can continue means Sandmann's legal team can make requests for internal Washington Post documents concerning the events like emails and communications between editors and reporters.
Follow Cameron Knight on Twitter: @cameronknight81
