A federal judge has just dismissed Nick Sandmann’s defamation lawsuit against The New York Times, CBS, ABC, Gannett Co Inc, and Rolling Stone.
But Sandmann says he will appeal and explains why below:
Thread: Obviously, the ruling yesterday was a disappointment for my family and I. I’m appealing the decision in the sixth circuit.
Here’s why:
— Nicholas Sandmann (@N1ckSandmann) July 28, 2022
Judge Bertelsmann revisited the statements that I “blocked Nathan Phillips” and “would not allow him to retreat”.
His job was to rule on the legal issue of what those statements were.
— Nicholas Sandmann (@N1ckSandmann) July 28, 2022
If they were factual claims, I could proceed and a jury would then decide if they were defamatory.
But if they were opinions, it is protected speech that I cannot sue for.
— Nicholas Sandmann (@N1ckSandmann) July 28, 2022
The judge ruled that the media companies published opinion.
The problem is: it isn’t.
“X did Y” is very different from “I believe X is Y”
For example,
– “Sandmann blocked (keyword) Phillips” is a factual claim.
– “I believe Sandmann is a racist” is protected opinion.
— Nicholas Sandmann (@N1ckSandmann) July 28, 2022
I should be able to proceed due to the factual claim the defending media companies made which was used in conjunction with negative connotations of racism and harassment that defamed me.
— Nicholas Sandmann (@N1ckSandmann) July 28, 2022
I wrote an op-ed recently in which I mentioned defamation cases being a uphill battle. This is why. There is complete indisputable video evidence along with publications that preston falsehoods.
— Nicholas Sandmann (@N1ckSandmann) July 28, 2022
Nevertheless, I have learned how to be patient and keep the will to move forward. I am going to continue on that path.
— Nicholas Sandmann (@N1ckSandmann) July 28, 2022
I seriously hope he wins this appeal because he was absolutely defamed, especially being a private citizen.
And just in case you are wondering, the judge who dismissed the case was appointed by Jimmy Carter.