Judge dismisses lawsuit filed by #MAGA teen at Indigenous Peoples March

Monday, July 29, 2019

A federal judge has dismissed a $250 million libel lawsuit filed on behalf of a high school student who was at the center of controversy during the Indigenous Peoples March in Washington, D.C., earlier this year.

Nicholas Sandmann accused The Washington Post of publishing false and defamatory information about the January 19 confrontation. But Judge William O. Bertelsman, in a ruling issued on Friday, determined that the media outlet's stories and social media posts were protected by the First Amendment of the U.S Constitution.

“From our first story on this incident to our last, we sought to report fairly and accurately the facts that could be established from available evidence, the perspectives of all of the participants, and the comments of the responsible church and school officials,” said Shani George, The Post’s director of communications, said in a story published by the organization. “We are pleased that the case has been dismissed.”

A painting of Nathan Phillips by Bobby Von Martin. Photo courtesy of the artist: Choctaw artist overcame hardship and reconnected with tribal culture

Sandmann, a junior at Covington Catholic High School in Kentucky, was wearing a "Make America Great Again" hat when he encountered participants from the Indigenous Peoples March on the National Mall. One of them was Nathan Phillips, an elder citizen of the Omaha Tribe who was seen in widely-shared videos holding a drum and singing during the incident.

“I am proud of my brother, who continued his healing song, for it is and will be a blessing for all humans in that mob circle,” his sister Francine Phillips said during a solidarity rally in Nebraska on the following day, Indianz.Com reported at the time.

Sandmann plans to appeal the judge's decision, his father said in a statement. The case would go to the 6th Circuit Court of Appeals, as the lawsuit was filed in federal court in Kentucky.

The family is also suing CNN and NBC for publishing stories about the encounter. Each complaint seeks $275 million in damages from the media outlets.

Sandmann and other youth from Covington were in D.C. to participate in March for Life, a pro-life, anti-abortion event that typically draws large contingents of students from Catholic and religious-oriented schools.