Lin Wood Files Lawsuit on Behalf of Teen Wearing MAGA Hat in Viral Video
The lawsuit targets the Washington Post over its coverage of the encounter between the student and a Native American activist in Washington.
February 20, 2019 at 04:49 PM
6 minute read
Atlanta libel lawyer Lin Wood on Tuesday sued The Washington Post for $250 million on behalf of a Kentucky teenager whose face-to-face encounter with a Native American protester at the Lincoln Memorial last month generated an international media firestorm.
Wood branded the Post's online and print coverage of 16-year-old Nicholas Sandmann's encounter with Native American activist Nathan Phillips “a modern-day form of McCarthyism.” The suit seeks $50 million in compensatory damages and $200 million in punitive damages—an amount Wood said is equal to the price Jeff Bezos paid for the newspaper when he bought it in 2013.
The tweeted snapshot that sparked the coverage depicts Sandmann smiling and wearing a red “Make America Great Again” hat while surrounded by other teenage boys as he stands face-to-face with Phillips, who was beating a drum.
Phillips has said in multiple interviews that he was attending the Indigenous Peoples March on the National Mall. Sandmann and classmates at Covington Catholic High School in Park Hills, Kentucky, were in Washington for the annual Right to Life March.
The lawsuit claims that Sandmann was targeted for ridicule “because he was the white, Catholic student wearing a red 'Make America Great Again' souvenir cap.”On Wednesday, Wood said he and co-counsel Todd McMurtry of Kentucky firm Hemmer DeFrank Wessels “fully intend to pursue all members of the mainstream and social media mob of bullies who viciously attacked, vilified and threatened Nicholas. Our efforts will include seeking redress from the Diocese of Covington which also joined the mob and prematurely rushed to condemn an innocent student.”
“No one took pause to consider that he is a minor,” Wood said. “They did not care. The mob falsely portrayed this boy worldwide as the face of evil, and the reputational and emotional damage they have inflicted on Nicholas is very real and severe.”
Wood said he sued the Post first “to make clear that we will not be intimidated by the size or financial resources of any of his accusers.”
Kristine Coratti Kelly, the Post's vice president of communications said, “We are reviewing a copy of the lawsuit and we plan to mount a vigorous defense.”
Sandmann's defamation claims rest predominantly on conflicting interviews Phillips gave to the Post and other media outlets after the encounter went viral.
Other interviews conducted by the Post that Wood claims defamed the teen included accounts by an organizer for the Indigenous Peoples Movement and an attorney with the Lakota People Law Project who were with Phillips at the Lincoln Memorial and witnessed the encounter with Sandmann.
Wood also claimed the newspaper's publication of a statement released by the Catholic diocese that operates Covington Catholic High School included defamatory material, including a characterization of Sandmann's attitude during the encounter as “disrespectful.”
After conducting an investigation, the diocese on Feb. 11 issued a report and a letter the lawsuit said belatedly exonerated the teen and his fellow students of any inappropriate behavior.
The lawsuit also claims the hostile social media response on Twitter “was influenced by early media coverage of the Post.”
The Twitter account that published video of the encounter with disparaging commentary about Sandmann was soon tagged as a likely fraudulent account “suspicious for its high follower count, unusually high rate of tweets, highly polarized and yet inconsistent political messaging, and the use of someone else's image in the profile photo.”
The suit also claimed that Phillips' multiple interviews to media outlets “are remarkable in their inconsistency” and were both inaccurate and “incendiary.” The suit also claims that in publishing Phillips' interview, the Post “ignored the importance” of verifying damaging allegations “against a minor child” prior to publication.
The suit also claims the Post “recklessly rushed to publish” Phillips' account “in order to advance its own agenda against President [Donald] Trump.”
“In doing so, the Post lifted the incident from social media and place it in mainstream media,” giving Phillips' claims “credibility and permanence,” the suit claims.
The president tweeted news of the suit Wednesday, including a reference to Sandmann. “Go get them Nick. Fake News!” Trump tweeted.
Wood retweeted the president, adding his own commentary. “Nick Sandmann's lawsuit against Washington Post is not political. But the bias of Post against @realDonaldTrump is a provable fact that is relevant to the litigation. We appreciate the President's support. As should everyone who values our children & their reputations & safety.”
Nicholas Sandmann (left) faces Native American activist Nathan Phillips at the Lincoln Memorial on Jan. 18. (Photo: Images via YouTube)
Since the Sandmann family retained him on Jan. 25, Wood has been conducting a running commentary on Twitter defending the teenager as a victim of media bullying.
The lawsuit also offers Sandmann's own account of the Jan. 18 encounter at the Lincoln Memorial as he and classmates were waiting for school buses to pick them up. The lawsuit depicts Sandmann and his classmates as attempting to use school cheers to drown out another group that was shouting obscenities and racial epithets at them.
As the teenage boys were cheering, Phillips and his companions approached them, beating drums, singing, dancing and carrying cameras, the suit claims.
Sandmann's and Phillips' accounts diverge substantially at that point. The lawsuit claims that while Phillips beat his drum near Sandmann's face, the teen “stood still as he was concerned that turning away from Phillips might be considered a sign of disrespect.”
The suit also claims that, at one point, Sandmann quietly signaled a classmate to refrain from responding to profanity-laced insults being directed at the student by one of Phillips' companions. That encounter was included in an online video that Wood compiled and posted in Sandmann's defense.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Fulfilled Her Purpose on the Court': Presiding Judge M. Yvette Miller Is 'Ready for a New Challenge'
8 minute readOn the Move: Hunton Andrews Kurth Practice Leader Named Charlotte Managing Partner
6 minute readPaul Weiss’ Shanmugam Joins 11th Circuit Fight Over False Claims Act’s Constitutionality
Trending Stories
- 1Federal Judge Named in Lawsuit Over Underage Drinking Party at His California Home
- 2'Almost an Arms Race': California Law Firms Scooped Up Lateral Talent by the Handful in 2024
- 3Pittsburgh Judge Rules Loan Company's Online Arbitration Agreement Unenforceable
- 4As a New Year Dawns, the Value of Florida’s Revised Mediation Laws Comes Into Greater Focus
- 5Managing Partner Vindicated in Disciplinary Proceeding Brought by Former Associate
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250