“Our Pride is Showing”: NBC Settles With Nicholas Sandmann

Former Covington Catholic High School student Nicholas Sandmann has reached another settlement with a major news organization over the widespread false reporting of his encounter with a Native American activist in front of the Lincoln Memorial on January 18, 2019. Sandmann previously settled with the Washington Post and CNN. He has now settled his $275 million defamation lawsuit against NBC. Unfortunately, such damages have become the cost of doing business for many in the media in the age of advocacy journalism where the narrative is more important than the news. Having a MAGA-hatted, racist, pro-life high school student abusing an elderly Native American was a fact too good to check — even when it required as little as watching the unedited videotapes. 

The slogan “Our Pride is Showing” took on a more menacing meaning over years of protracted litigation (and the denial of motions to dismiss). In the end, there was more pride than professionalism displayed by NBC in its airing of the false reports and then the refusal to accept responsibility for the damage caused by its erroneous reporting.

Sandmann tweeted that “the terms are confidential” but confirmed the settlement.

Despite the existence of videotape showing him merely standing in front of the activist, the media reported that Sandmann was the aggressor. It was also reported that the students “performed a ‘Build the wall’ chant,” a claim contradicted by an independent investigation.

His counsel detailed roughly “fifteen defamatory television broadcasts, six defamatory online articles, and many tweets falsely accusing Nicholas and his Covington Catholic High School (‘CovCath’) classmates of racist acts.” According to the complaint, MSNBC continued to repeat the false representations as late as January 27th — after most media organizations corrected its coverage.

 Although NBCUniversal acknowledged on January 19 that there was video indicating that it was Phillips who approached Nicholas – not the other way around as other members of the mainstream media were reporting – as late as January 27, MSNBC was still falsely broadcasting that Phillips was not the aggressor and that video evidence supported Phillips’ claims.

 Although it was undisputedly clear by January 20 (at the very latest) that Nicholas had done nothing more than stand still while Phillips approached him and beat a drum in his face, as late as January 23 and 24, NBCUniversal was broadcasting and publishing stories indicating that Nicholas had taken actions for which he should apologize and for which Phillips had purportedly forgiven him.

More specifically, NBCUniversal painted the false picture that Nicholas and his CovCath classmates were “a big mob” that had “surrounded these black kids,” the Black Hebrew Israelites, with the two groups “throwing back and forth racial taunts,” and that “it needed one little spark and that mob would have descended on those 4 guys and ripped them apart,” and that Nicholas and his classmates then “targeted” and “surrounded” Phillips, causing Phillips to be “scared” when he was “harassed” and “taunted” by Nicholas and his classmates, who committed a “hate crime.”

Many in the media went into a virtual state of ecstasy in describing the group of high schoolers as a virtual meeting of the American Bund where brown shirted (or, in this case, MAGA hatted) teens trapped an elderly Native American under the looming gaze of Abraham Lincoln. It was enough to put MSNBC hosts into hyperventilation as they breathlessly recounted the attack.

Indeed, despite the clear record supporting Sandmann, many have continued to hound him including an ACLU lawyer who opposed his being accepted into college and a professor promising to follow his moves on campus.

Likewise, some continued to attack Sandmann and even compared him to George Zimmerman. We previously discussed one segment involving “Above the Law” writer Joe Patrice in his interview with The Nation’s Elie Mystal, In the interview, Mystal, the Executive Editor of “Above the Law”, attacked this 16 year old boy as a racist.  Patrice agreed with Mystal’s objections to Sandmann wearing his “racist [MAGA] hat.” They also objected to Sandmann doing interviews trying to defend himself with Mystal deriding how this “17-year-old kid makes the George Zimmerman defense for why he was allowed to deny access to a person of color.”

Putting aside the fact that Sandmann was not denying “access to a person of color,”  Mystal and Patrice were comparing this high school student to a man who was accused of murdering an unarmed African American kid and even assailing his effort to clear his name as the media continued to label him a racist. It was typical of much of today’s rage-filled commentary. These two writers had no qualms in attacking some kid as a racist in the national media while abusing him for trying to defend his reputation.  It was the popular thing to do in piling on Sandmann. He was merely a vehicle for the release of rage without the burden of reason or research.

Many writers who joined the mob attacking Sandmann have never apologized.  They just moved on to the next target to be declared a racist in a summary media judgment.

Indeed, Mystal continued to slam Sandmann in postings on “Above the Law.”  In one such posting, Mystal wrote in part:

Fresh on the heels of Clarence Thomas wishing he could rewrite the First Amendment to make it easier to sue people, we’re getting a glimpse of what that dystopian future would look like. A team of lawyers have filed a $250 million defamation suit against the Washington Post, on behalf of Nick Sandmann and his family.

The suit alleges many bad things happened to Sandmann after his encounter with Nathan Phillips in front to the Lincoln Memorial. It does not allege that there was no encounter in front of Lincoln Memorial, or that the encounter was captured on video. Seeing as a truth is a defense to any defamation claim, it would be surprising for the lawsuit to survive a motion to dismiss.

Obviously, for a third time, a major news organization was not able to use a motion to dismiss to dispense with the lawsuit … and any journalistic responsibility for its own reporting.

Of course, the settlement will change nothing. We have discussed the false reporting in controversies ranging from the Lafayette Park protests to the Russian collusion scandal to cases like the Rittenhouse trial. However, where stories on Lafayette Park or the Russian collusion scandal falsely accused public officials who understand that they are targets for reckless reporting, these stories falsely accused a teenage boy and his fellow high schoolers on a school trip of being racists in national media stories. That should be appalling to anyone with a modicum of decency, let alone integrity and humanity.

Damages, however, have never been shown to instill integrity or humanity in those who lack such qualities. However, it does show that, despite years of punishing litigation and hostile coverage, Nickolas Sandmann was able to recover something for the media flash mob coverage of his high school trip.

 

251 thoughts on ““Our Pride is Showing”: NBC Settles With Nicholas Sandmann”

  1. “They also objected to Sandmann doing interviews trying to defend himself . . .”

    Facts, evidence, the presumption of innocence — be damned. Bend over and take your beating. The tribalist mob desires to see you bleed.

    Are there any more despicable creatures in this culture?

  2. A federal judge ordered the University of Iowa (UI) to pay $1.9 million in fees and damages after two student groups won a series of religious discrimination lawsuits against the university.
    https://www.campusreform.org/article?id=18597

    Sandman suing the media….AND WINNING. Universities forced to payout because of their raw bigotry.

    Once respected institutions, now infected with cancerous liberal politics are rotting away, like the teeth of meth head. With less honor.

    1. OK, Iowan: Sandmann “won” nothing. Most high-profile lawsuits are settled on confidential terms, something Turley grudgingly admits. The amount demanded in the Complaint has nothing to do with the amount he actually settled for. The lawsuits are settled to save litigation costs, and I’d bet the farm that the smirking little turd had to sign a document that states that he agrees that the reason for the settlement was to save further costs, AND THAT NBC DENIES ALL LIABILITY.

      Turley wrote this as part of his assignment to attack mainstream media. It is not a scholarly piece, and to state the amount demanded in the complaint and to imply that the little turd actually received anything close to this amount is deceitful. Sadly, it’s becoming part of Turley’s modus operandi.

      1. OK, Iowan: Sandmann “won” nothing.

        Sandman sued NBC for damages he suffered due to NBC reporting of Sandmann’s 15 minutes of fame. NBC reporting ranged from fabrication, ot untrue editing of video, to huge swaths of errors of omission.
        Sandman prevailed and NBC did pay monetary damages.

        play stupid word games, but receiving a fat check from the party I’m suing for damages, goes into the win column.

        Again, plat stupid word games.

        I did notice you would devolve into the pedantic, rather than comment on the more important matter of once admired institutions, are infected with leftist ideologies, and trade facts and freedom for woke crap.

      2. Natacha says:

        “It is not a scholarly piece, and to state the amount demanded in the complaint and to imply that the little turd actually received anything close to this amount is deceitful. Sadly, it’s becoming part of Turley’s modus operandi.”

        I agree that this article is polemic as opposed to academic. Certainly, it is not befitting a legal scholar. Turley is inching towards becoming a political hack. It is sad and will not put him in good stead with his professorial colleagues.

        Still, we must be thankful that he is not a Trumpist! He may bend his moral principles, but he will not break from them and echo the lies and irrationality of the majority of the Trumpists here. If you read between the lines, it is clear that Turley always has been a Never Trumper.

        1. That Turley is a Democrat and is center left means he likely voted for Biden, but that doesn’t mean he is a never Trumper. Don’t you even know what these words mean?

  3. Journalists should not have a special right to harass people just because of their profession.

  4. Perhaps the Losers in this financial debacle shall pay their own price by either having to hew closer to the truth in the future or be confronted with yet more financial costs should they ignore reality.
    Entertainment conglomerates own the “news outlets”

    The propaganda media does not respond to financial incentives. Nobody thinks Bezos cares about Washington Post hemorrhaging cash. Hes only goal is advancing the narrative and giving the Politicians a veneer of credibility. He serves as a conduit to leak information, without cumbersome vetting, into the public sphere.

  5. It is nice to see stories where individuals fight back against those who malign, deceive and push their agenda on the populous and win. Their intent is to make citizens feel helpless and outnumbered. The facts prove otherwise.

    “A truth that is told with bad intent
    Beats all of the lies that you can invent.”
    William Blake

    My father used to tell me that there was honor even among thieves. If a man gives his word and does not keep it, no one will do business with him. The traditional news outlets and cable news organizations are losing viewership. A good number of the traditional journalists are forming their own organizations, blogs, podcasts and websites and parting from the sinking ship.

    I appreciate reading blogs such as this. Professor Turley writes consistently and lucidly on many legal topics. It is not easy producing this volume of writing, then there is the consulting and teaching that he does. I cannot imagine what his calendar looks like.

    1. “It is not easy producing this volume of writing, then there is the consulting and teaching that he does. I cannot imagine what his calendar looks like.”

      Hear, hear!

      I wish others on this blog would express appreciation for his indefatigable efforts, and for the fact that they profit from those achievements.

      1. I appreciate Turley’s efforts by contributing so much of my time reading his articles and reacting to them here. I agree with his critique of “the media” which general reference does NOT exclude Fox though he only allows himself to name MSNBC and CNN and ignores Fox because, understandably, he does not want to lose his employment at Fox.

        1. JS, are you again concluding at the edge of libel. Turley is a big fish swimming in a big ocean, so you get a pass while swimming in a pis-pot, tiny and unnoticed.

        2. “I appreciate Turley’s efforts by contributing so much of my time reading his articles and reacting to them here.”

          Which is like saying: I show appreciation to my dinner hosts by driving to their house and consuming their food. After all, don’t they know who I am?

          1. Sam,

            I ALWAYS bring a couple bottles of fine California Cabernet or Chardonnay to my dinner hosts. I am always welcomed!

            1. “I ALWAYS bring a couple bottles . . .”

              Then why not bring their spiritual equivalent to your blog host?

              (If you can find me a 2005 Opus One, I’ll retract every criticism I ever made of you.)

              (P.S. “Find me” = buy me.)

              1. Sam,

                I can do you better than Opus One. I collect Bryant Family, Harlan, Aubreu, Colgin- many of the cult Cabs.

                Even- Screaming Eagle.

                1. For a 2002 SE — the real thing, not a copycat — I’ll suppress any future criticisms of you.

                  1. Sam,

                    I don’t have any that old. I have been on SE’s mailing list for many years. I get a 3 bottle allotment. If you like SE., you can’t be all bad! Cheers!

    2. EM: Sandmann didn’t “win”. He settled for an undisclosed amount, probably to save litigation costs. There was no “vindication” here. It was a business decision.

  6. The precedent for aiding non-member NATO nations has already been set. NATO intervention has already been seen in Bosnia, Herzegovina, and Libya. So the fact that Ukraine is not a member yet is irrelevant.

  7. We have the e mails from the DNC. Listing dozens of media propagandist who willing publish DNC generated “stories” and attach their by-line.
    The propaganda = Democrat Party

  8. “Changes nothing…” the Good Professor overlooks the fact that the Victim of the Media’s Torts is now a very wealthy young Man and the Media had to pay a large financial penalty for their Sins.

    The better news is he is continuing to win in Courts as other Media Outlets are confronted with their own day in Court for their very same Sins.

    It is definitely a win for the Victim and a Win for ethical values in Journalism….the old traditional kind of ethical reporting.

    Perhaps the Losers in this financial debacle shall pay their own price by either having to hew closer to the truth in the future or be confronted with yet more financial costs should they ignore reality.

    The reality is they cannot lie with malice and escape unscathed anymore…..the precedent has been well established once again

    Every Leftist that takes aim at this young Man…..best think twice…..as he as very capable Legal Counsel that enjoys those big payouts following their filing Civil Actions against those who with malice aforethought wrongfully attack that young Man

    Merry Christmas Young Lad…very happy for your nice present courtesy of MSNBC/NBC and the others who donated.

    1. Ralph — “the Good Professor overlooks the fact that the Victim of the Media’s Torts is now a very wealthy young Man” — Oh, I suppose he thought we were all too dumb to equate $275 million to being “wealthy.” You just had to find something to carp about, even if it made you look ridiculous!

    2. Ralph: neither you, I, nor Turley has any idea what amount was agreed upon, but what your post proves is that Turley’s deceitful spin on a confidential settlement works, just like the lies spewed by Fox every single day work. Stating the amount demanded in the Complaint, and then saying that the case was settled and then going through a laundry list of how the little turd was harmed implies that Sandmann got what was demanded, which, I guarantee you, didn’t happen. It also doesn’t take into account attorney fees and costs of litigation. Turley also implies that he was vindicated. Such cases are settled for business reasons only. I also guarantee you that the settlement document Sandmann signed says that he agrees that NBC denies all liability and is settling solely to save litigation costs. But Turley’s assignment is to feed red meat to the disciples and to feed into the narrative that mainstream media are bad, and are being punished for their misdeeds, all while collecting a fat check from Fox, an outlet that spews lies and conspiracy theories every single day. Your post proves that this strategy works.

  9. NATO members should be able to act at their own discretion to protect a would-be NATO member such as Ukraine.

    1. Not only this kind of news? News Journalism / Broadcasting? by all five networks that I call the NNC = NETWORK NEWS CABAL. Made up by, ABC CBS NBC CNN MSDNC. Then you have the ones that go out to peoples homes knock on their door, or if they happen to be out in their garage with the garage door up and they walk right up to them to be able to pull what is called, “Gotcha—Journalism.” “More Despicable / Disgusting 🤮”
      Actions.

      1. Garland says:

        “Gotcha—Journalism.” “More Despicable / Disgusting”

        Um, Project Veritas, the Conservative darling, is textbook “gotcha-journalism.”

        1. JS, do you believe revealing serious truths is gotcha journalism while promoting lies is good journalism? Is there something wrong with your head?

    2. Why? And what does this have to do with the post?

      You have member treaties that are meant to support members. Your position is typical of the left, do whatever serves your immediate and short-sighted understanding.

      We have no need for NATO. Germany has like 20 tanks. The Soviet Union is not coming. Russia sells gas now and lower grade (but nice) titanium tubesets.

      Ukraine is run by an illegitimate state department mob, and their 1,200 mile border with Ukraine is a serious defense issue.

      I know this is hard, but imagine Sergey Lavrov handing out cookies to neo fasicists in Mexico City, and replacing the government with a pro-Russian government. After which Russia starts sending state-of-the-art arms like the S-400 missile system to Mexico that are deployed on the Texas border. While you may not understand, I personally would not be happy at all with this situation.

  10. Probably for a similar reason that cops would be out of a job if there was no more crime.

  11. Sometimes whites are the ones who get prejudged based on the prejudices that others have against white people.

  12. Come to think of it, I do have something to say about this topic. Publically humilitating people is what the media was used for in the Soviet Union, in order to make them go along with the orthodoxy. It served the same purpose as a dunking tank. It’s ironic that the free press is used to make people conform to an orthodoxy, with humiliation as the punishment for not conforming to it.

    1. Public humiliation was also used during Mao’s Cultural Revolution. How frightening to see our media that enjoy constitutional protections engage so viciously in such behavior with no end in sight.

      1. Suze
        Think about the Democrat only Jan 6 committee. Generating warrants and subpoenas with abandon. NOT to investigate a crime, (because they have no Article I constitutional power to investigate crimes) but information gathering to better write needed legislation. All the Testimony and Documents, and communications, in order to better do their job.

        Now explain exactly why the committee is releasing selected documents and communications?

        Its almost like they have no intention of writing any legislation at all, but are in full political opposition research mode.

        1. Cheney and Kinzinger are not Democrats, and the sole reason that the committee isn’t half Republicans is because the Republicans in the Senate refused to support that.

          Congress has Article I powers to investigate anything relevant to their legislation, their rules, and their proceedings, including what occurred on Jan. 6.

          1. I guess you didn’t feel like mentioning the fact that Pelosi blocked Jim Jordan and Jim Banks from being members of that committee. Instead, she approved two useful idiots. I wonder why? Can you say “show trial?” Manufacturing political “criminals?”

            1. I guess YOU didn’t feel like mentioning the fact that Pelosi was only able to do that because the Senate Republicans refused to support a joint committee with half the membership totally controlled by Republicans in the Senate and House, so instead it’s solely a House Select Committee where the membership is controlled by the Speaker, by virtue of House rules that were written before Pelosi was even Speaker.

              Republicans in the Senate made that decision and forced the Republicans in the House to live with it. Put the responsibility where it belongs: on the Republicans in the Senate.

              1. Republicans refused to support a joint committee
                Go back and take remedial civics.
                The Senate has no influence over committee assignments in the House.

                1. You’re the one in need of civics remediation. FFS, the House passed a bill for a National Commission to Investigate the Jan. 6 Attack on the U.S. Capitol Complex, H.R. 3233, and sent the bill to the Senate, where it was filibustered by the Senate Republicans.

                  Read the text, with special attention to section 5, on the composition of the Commission: https://www.congress.gov/bill/117th-congress/house-bill/3233/text

                  The Senate Republicans rejected that bill. THAT is why it became a House Select Committee, because the Senate Republicans refused to support a bicameral Commission where the Republicans in the House and Senate would have had total control over half the membership of the Commission.

                  I didn’t say that Senate Republicans had control over House committee assignments. I said they refused to support a joint committee whose membership would be determined by both Democrats and Republicans in the House and Senate. Do you not understand the difference?!?

                  You’ll run away from admitting your mistake here just like you always do.

            2. BTW, of Cheney, Kinzinger, Jordan, and Banks, the “two useful idiots” are Jordan and Banks.

            3. Sam says:

              “Can you say “show trial?” Manufacturing political “criminals?”

              Turley has NEVER voiced that sort of criticism of the 1/6 committee. Apparently, he does not object to its investigation of 1/6.

              Your move…

              1. Why were Jim Jordan and Jim Banks blocked from that committee?

                That is a question with a known answer. Does JS not know the answer?

              2. “Your move…”

                You mean other then the obvious? — that (unlike some others) I don’t presume to speak for Turley. I speak only for myself.

          2. Anonymous — you must get your news from MSNBC, so understandably you’re missing key information. McCarthy actually proposed a list of Republicans for the Jan. 6th committee, but Pelosi rejected them and hand-picked Cheney and the other sycophant. Any thinking person would be asking, Why did Pelosi want those two “Republicans” and not the ones that McCarthy offered? The answer, of course, is that this committee has a not-so-hidden agenda — to get Trump. Or did you think that Adam Schiff would waste his time on actual work when he could just continue the witchhunt he started with his Russiagate fiasco?

            1. You’re the one missing key information. I’m well aware of who McCarthy proposed. Now ask yourself: why is it a House Select Committee with membership controlled by the Speaker instead of a bicameral committee with membership equally controlled by Republicans and Democrats in both chambers? The answer: because The Senate Republicans voted against a bicameral committee with membership equally controlled by Republicans and Democrats in both chambers. Put the blame where it belongs, on the Senate Republicans.

              1. Put the blame where it belongs, on the Senate Republicans.

                Nope. Pelosi wanted to do an investigation, and kicked off the Republican Representatives. You will not hide that truth by something that has no bearing on the facts.

                1. NO.

                  Educate yourself.

                  Read the text of the bill passed by the House and filibustered by the Senate Republicans, with particular attention to the proposed membership: https://www.congress.gov/bill/117th-congress/house-bill/3233/text

                  I copied the text about the Commission membership into a comment and tried posting it, but it hasn’t shown up. You’ll just have to scroll to the section on the Commission’s composition and who’d determine it.

  13. Way too much money. Fifty cents would be too much. The money he gets comes from all of us. Insurance money.

    1. Don’t leave out those notorious right wing outlets like Politico, The Hill and USA Today. Maybe there is a reason he is not MNBC. Is it possible they don’t approve of his opinions or that they just fit the narrative? At least Fox allows a lifelong liberal to give his opinions on their platform.

  14. I don’t have anything to say about this topic. My mind is blank. Yep. That’s all.

  15. Lefties far prefer made up narratives than the truth. They lie to us, they lie to each other, and they lie to themselves.

    Just look at the posts on this blog.

    The screams of “Turley/Fox” are already resonating.

    Fact is that TDS is still strong in Lefties.

    Inflation may be devastating our poor today, but “Trump said…” is far more important to Lefties.

    1. You’re the first person to mention Trump here, not a Lefty.

      Since you’ve introduced Trump, though, did you see that Robert Palmer, the Trump supporter who more than once hurled a fire extinguisher at police on Jan. 6, and also threw a wood plank and pole at them, was just sentenced to 5 years?

      1. Hey Anonymous, do you think that the two New Your Ivy League Attorneys will get five years for throwing a MOLOTOV COCKTAIL at a police car? How long of a sentence to you think the two IVE LEAGUE ATTORNEYS should get?

        1. Hey hullbobby, which is worse: throwing a Molotov cocktail in an empty police car or throwing multiple weapons at officers themselves? Which was more likely to injure officers?

          If you paid attention to the news, you’d know the lawyers pleaded guilty and are awaiting sentencing. I don’t guess what sentences will be. If you want to guess, nothing is stopping you.

          1. So Anonymous, the guy that comments 100 times a day, has no opinion on what the two IVY LEAGUE ATTORNEYS that firebombed a cop car should get for a sentence????? Always quick with an opinion…except when you need to hide.

            1. I don’t comment 100 times a day. Half the anonymous comments are posted by the conservative troll S. Meyer, and some are posted by other people on the right and left.

              The sentence is up to the judge. When have I ever suggested a sentence for anyone?

              1. Anonymous the Stupid, I am S. Meyer, so I know what I post. Yes, to the crazies like you, I will frequently respond anonymously while not attempting to hide my name. Sometimes after a series of responses, I will put my actual name up to make sure the crazy I am talking to knows it is me. You had decreased your anonymous postings when posting under other unknowns recently. You couldn’t hold your own under either of the recent ones, so with your tail between your legs, you went back to generic posting.

                No, I am not the only person to use your name or abbreviation, ATS. We see those with aliases and anonymous aliases using these names. I can’t take credit for all of them, but I don’t mind being associated with them because I agree. if you think they are from me because substantially I agree with them. Jeff got many anonymous responses, but the question is, were they all from me? No. However, I agree with some of these anonymous posters, so I am happy to be considered the writer. In fact, sometimes, I find it hard to distinguish myself from other anonymous persons. I find that fantastic.

                Keep posting ATS. The blog comment list would drastically fall in numbers if you stopped. However, if you quit, the blog would be a brighter place with less Stupidity.

      2. Robert Palmer, the Trump supporter

        Meaningless smear. Unless you agree that a Bernie Bro set out to Murder Republican Congressmen. Thus proving Bernie advocates killing his political adversaries.

        1. It’s not meaningless. The only reason Palmer was in DC on Jan 6 was because of the rally Trump himself organized and urged his supporters to attend.

    2. These settlements are in some ways unfortunate. The malign conduct of the media is not revealed in full. The individual perpetrators of the lies are not unmasked and face no personal consequences for their misconduct. The financial penalties remain secret, and are unlikely to have any deterrent effect. Nothing will change.

  16. Anticipating Jeff Silberman’s response: will Fox settle with Dominion, and will Turley finally write about it?

      1. Dominion’s suits against Fox, Sidney Powell, Mike Lindell, and Rudy Giuliani are proceeding in court. Maybe you want to donate to the defense funds?

    1. Dominion will never be able to prove they’ve been slandered because they destroyed documentation and erased voting records – possibly to hide the fact that their machines were able to be used by others to distort election results. Not even a close comparison. Try harder.

      1. The judges who’ve ruled that Dominion’s suits against Fox, Sidney Powell, Mike Lindell, and Rudy Giuliani disagree with you, and I bet they’re more familiar with the evidence than you are.

        1. Correction…
          who’ve ruled that Dominion’s suits can proceed against Fox, Sidney Powell, Mike Lindell, and Rudy Giuliani

        2. Anonymous:I believe the judge used such terms as Dominion alleging “REASONABLE inference[s]” and “PLAUSIBLE” scenarios pointing at liability—as you know,-that’s all that’s required to survive dismissal motions…. (Notwithstanding, FOX may be shown, after discovery, that it intentionally engaged in selective or false reporting). Ultimately, a verdict against Fox could set off a multitude of suits against MSNBC, NBC, CNN, etc. for doing the same thing for their own take[s] on the election . The good professor takes correct note of “advocacy journalism” in the media, as evidenced iin the wrongdoings of these networks (and concomitant hefty settlements) in the Sandmann case.

          1. Lin: you have no idea what the settlement was, much less whether it was “hefty”. Turley is being disingenuous by listing the amount demanded, listing how the little turd was allegedly harmed, and then implying that the little turd actually received this. He does know better. You don’t. But, but it proves that this tactic works to spin a claim of bad conduct by NBC, all while ignoring the outrageous lies and Trump-advocacy practiced by Fox. Yeah, Turley’s against “advocacy journalism” unless it is done by his employer.

            1. Natacha: please reread my comment. Did you happen to notice that my adjective “hefty” appears in front of the plural noun, “settlements?” ( I believe this is the third or fourth such settlement obtained by Sandmann in these suits?) I have no further comment for you.

        3. It is not at all unusual for a party to lose on a motion to dismiss or a motion for summary judgment to go on to win in the actual trial.

          1. That’s true, but it’s even more common for commenters like highlyeducatedsuburbanwoman to make more extreme comments than the facts warrant.

          2. For once, I agree with you. Only one thing was certain: that the costs of continuing litigation would be steep for both sides and both sides faced substantial risk of losing based on what the jury pool might look like, which is an unknown. You Trumpsters might be surprised at how little the actual settlement was, how high the attorney fees and costs were, and how little Sandmann got in his pocket. It might not even reach 6 figures. Turley does know better.

    1. I hope Rittenhouse’s lawyers go after everyone in sight and choose one not to settle with. Make an example out of them. Everybody, right up to Biden.

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