Saturday, July 27, 2019

Federal judge dismisses Covingron kid's lawsuit against the Washington Post based on opinion rule of First Amendment

A federal judge has dismissed with prejudice the lawsuit by the Sandmann family against the Washington Post.

The Hill has a detailed story.  The opinion stressed the distinction between facts and opinions in the First Amendment.

The Post’s own version of the story is here
The Cincinnati Enquirer has an op-ed that is well worth reading.  On this one, the parents and school expected the kids to be the adults in the room while the grownups dropped the ball. 

Update:  Aug. 1, 2019

The Wall Street Journal, in an op-ed by David Rivkin and Donald Grossman, points out that the judge consider's Phillips's claim that Sandmann was blocking him a purported opinion, not a purported fact. (French as a language would come in handy with subjunctive mood conjugations -- I noticed this reading French signs in Canada, the language is inherently careful not to claim suppositions as facts.)  The article goes on to make an "orginalist libel defense" going back to the 1964 NYT Sullivan case, but it is hard to follow. 

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