Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2024 Year-End Campaign today.

February 20, 2019

Libel: Covington Boys and a SCOTUS Review

Sandmann files suit against WaPo for libel, while Justice Thomas suggests revisiting a libel ruling.

The family of Covington Catholic School student Nicholas Sandmann is suing The Washington Post to the tune of $250 million for its libelous and McCarthy-like vilification of Sandmann and his fellow Covington classmates as racist bullies in its reporting on the infamous incident with Native American activist and serial liar Nathan Phillips. The suit pointedly calls out the Post’s biased motive: “The Post ignored basic journalist standards because it wanted to advance its well-known and easily documented, biased agenda against President Donald J. Trump by impugning individuals perceived to be supporters of the President.” In other words, Sandmann’s team is alleging not just bad journalism on the part of the Post but a willful disregard for the truth in order to promote a biased narrative.

According to Sandmann’s legal team, the libel suit was raised against the Post because it “was one of the first, if not the first, mainstream media outlet to expand coverage of the January 18 incident from social media to mainstream media.”

It’s unlikely that Sandmann will see all $250 million, though he has a strong case, especially given the fact that prior to this media-created fiasco, he was simply a high-school kid minding his own business. He was not a public figure, and therefore the standard for proving that the Post engaged in libelous reporting does not require evidence of “actual malice” on the part of the Post, only a false statement of fact made negligently. Given this standard, we’re betting the Post negotiates some sort of settlement before this lawsuit ever reaches a courtroom.

Speaking of the courts and libel, Supreme Court Justice Clarence Thomas made headlines Tuesday when he suggested that the Court should revisit the 1964 ruling in New York Times Co. v. Sullivan. The landmark First Amendment case effectively made it significantly more difficult for public figures to win libel suits.

Thomas criticized the ruling and subsequent ones as “policy-driven decisions masquerading as constitutional law.” He explained, “If the Constitution does not require public figures to satisfy an actual-malice standard in state-law defamation suits, then neither should we.” Thomas further noted, “The constitutional libel rules adopted by this Court in New York Times and its progeny broke sharply from the common law of libel, and there are sound reasons to question whether the First and Fourteenth Amendments displaced this body of common law.”

Leftmedia outlets may cringe that Thomas wants to “end the First Amendment as we know it,” but in this era of an activist, propagandist media perpetuating hate-crime hoaxes and other fake news galore, it’s worth pondering how to rein in the gross abuse of the First Amendment.


Updated ¾: The Washington Post quietly updated its original story with an editor’s note that amounted to slight whoops. As The Daily Wire summed it up, “The note, posted Friday evening, does not apologize for the role the Post’s biased ‘journalism’ played in smearing Covington Catholic teenagers and getting them death threats, but does say subsequent reporting contradicted or failed ‘to confirm accounts provided’ in the initial story.” Furthermore, “There was no apology to the students who were smeared as racist bullies, when, in fact, these students were the victims of racist bullying by Black Hebrew Israelites and intimidation from Phillips and his activist friends who walked into the group of teenagers and began banging a drum just inches from Sandmann’s face as he politely smiled.”

Sandmann’s lawyers say that ain’t good enough.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.