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Kentucky teen at center of viral encounter sues over stories

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Kentucky teen at center of viral encounter sues over stories
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Kentucky teen at center of viral encounter sues over stories

2019-02-22 03:16 Last Updated At:03:20

The Kentucky teen at the heart of an encounter last month with a Native American activist at the Lincoln Memorial in Washington is suing The Washington Post for $250 million, alleging the newspaper falsely labeled him a racist. His attorneys are threatening numerous other news organizations, including The Associated Press.

President Donald Trump cheered the lawsuit, tweeting Wednesday that "Covington student suing WAPO. Go get them Nick. Fake News!" The legal action, and possible future ones, comes at a time of intense scrutiny of Trump's relationship with the press, which he has repeatedly labeled the "enemy of the people." Supreme Court Justice Clarence Thomas this week suggested revisiting a cornerstone of modern press freedom, the 1964 New York Times Co. v. Sullivan case, which established knowing or reckless disregard falsity as a pre-requisite for libel actions by public officials, a standard later extended to libel actions by public figures as well.

In papers filed Tuesday in federal court in Kentucky, Nicholas Sandmann and his parents alleged that the Post had engaged in "targeting and bullying" and modern "McCarthyism."

FILE - This Jan. 20, 2019 file photo shows the grounds of Covington Catholic High School in Park Hills, Ky. Nicholas Sandmann,  the Covington Catholic High School teen at the heart of an encounter last month with a Native American activist, is suing The Washington Post for $250 million. He is also threatening legal action against The Associated Press and other news organizations. In papers filed Tuesday in federal court in Kentucky, Nicholas Sandmann and his parents alleged that the Post had engaged in “targeting and bullying” and modern “McCarthyism.” (AP PhotoLisa Cornwell, File)

FILE - This Jan. 20, 2019 file photo shows the grounds of Covington Catholic High School in Park Hills, Ky. Nicholas Sandmann, the Covington Catholic High School teen at the heart of an encounter last month with a Native American activist, is suing The Washington Post for $250 million. He is also threatening legal action against The Associated Press and other news organizations. In papers filed Tuesday in federal court in Kentucky, Nicholas Sandmann and his parents alleged that the Post had engaged in “targeting and bullying” and modern “McCarthyism.” (AP PhotoLisa Cornwell, File)

"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," according to the complaint.

In a statement Wednesday, the Post said it was "reviewing a copy of the lawsuit" and planned "to mount a vigorous defense."

Sandmann's attorneys also are threatening legal action against The Associated Press and other news organizations.  In a letter to the AP, dated Feb. 15, Atlanta-based attorney L. Lin Wood called on the news cooperative to "retract and correct" what his letter asserts are "defamatory statements." Sandmann also provided his version of the events.

The Associated Press took great care to ensure its stories were measured and fair, reporting the facts of what transpired and adding details as they emerged, said spokeswoman Lauren Easton, adding that AP stands by its stories. 

The actions of Sandmann and his Covington Catholic High School classmates have been intensely debated since video and photographs emerged of them wearing "Make America Great Again" hats and facing off against Omaha Nation elder Nathan Phillips.

Both Sandmann and Nathan Phillips say they were trying to defuse tensions that were rising among three groups on a day Washington hosted both the anti-abortion March for Life, attended by the Covington students, and the Indigenous Peoples March. But video of Sandmann and Phillips standing very close to each other , with Sandmann staring and at times smiling at Phillips as he sang and played a drum, gave some who watched it a different impression.

Interpretations changed over the days following the incident as witnesses released more cellphone video footage. Phillips had approached Sandmann, but well before that, both his group and Sandmann's were confronted by a third group that appeared to be affiliated with the Black Hebrew Israelite movement.

Videos show members of the religious group yelling disparaging and profane insults at the students, some of whom shouted back. Video also shows the Native Americans being insulted by the small religious group. Sandmann's legal team has released its own video , "Nick Sandmann: The Truth in 15 Minutes." It shows scenes from the confrontation, clips from news coverage and interviews, and examples of harsh Tweets and comments aimed at Sandmann and his high school.

Phillips did not immediately return efforts to reach him for comment.

First Amendment lawyers contacted by the AP were hesitant to comment without reading the full legal complaint. Floyd Abrams, who worked on the landmark Pentagon Papers case of 1971, wrote in an email that "the press does get a good deal of leeway in voicing opinions about matters they have seen and are commenting on."

One legal question might be whether Sandmann would be treated in court as a public or private figure. Abrams observed that "sometimes individuals involved in newsworthy events are treated as involuntary limited purpose public figures," meaning they would have to meet a higher legal standard than would a private citizen.

AP National Writer Hillel Italie contributed to this report.

UNITED NATIONS (AP) — Russia has circulated a U.N. resolution calling on all countries to take urgent action to prevent putting weapons in outer space “for all time” a week after it vetoed a U.S.-Japan resolution to stop an arms race in space.

The Russian draft resolution, obtained Wednesday by The Associated Press, goes further than the U.S.-Japan proposal, not only calling for efforts to stop weapons from being deployed in outer space but for preventing “the threat or use of force in outer space,” also “for all time.”

It says this should include deploying weapons “from space against Earth, and from Earth against objects in outer space.”

Russia’s U.N. Ambassador Vassily Nebenzia told the Security Council when he vetoed the U,S.-Japan draft that it didn’t go far enough in banning all types of weapons in space.

The vetoed resolution focused solely on weapons of mass destruction including nuclear arms, and made no mention of other weapons in space.

It would have called on all countries not to develop or deploy nuclear arms or other weapons of mass destruction in space, as banned under a 1967 international treaty that the U.S. and Russia ratified, and to agree to the need to verify compliance.

Before the U.S.-Japan resolution was put to a vote on April 24, Russia and China proposed an amendment that would call on all countries, especially those with space capabilities, “to prevent for all time the placement of weapons in outer space, and the threat of use of force in outer spaces.”

The vote was 7 countries in favor, 7 against, and one abstention and the amendment was defeated because it failed to get the minimum 9 “yes” votes in the 15-member Security Council required for adoption.

U.S. Ambassador Linda Thomas-Greenfield told the council after the vote that Russian President Vladimir Putin has said Moscow has no intention of deploying nuclear weapons in space.

“Today’s veto begs the question: Why? Why, if you are following the rules, would you not support a resolution that reaffirms them? What could you possibly be hiding,” she asked. “It’s baffling. And it’s a shame.”

Putin was responding to White House confirmation in February that Russia has obtained a “troubling” anti-satellite weapon capability, although such a weapon is not operational yet.

Russia’s U.N. Ambassador Vassily Nebenzia said after casting the veto that the U.S.-Japan resolution cherry picked weapons of mass destruction.

He said much of the U.S. and Japan’s actions become clear “if we recall that the U.S. and their allies announced some time ago plans to place weapons … in outer space.”

Nebenzia also accused the U.S. of blocking a Russian-Chinese proposal since 2008 for a treaty against putting weapons in outer space.

Thomas-Greenfield accused Russia of undermining global treaties to prevent the spread of nuclear weapons, irresponsibly invoking “dangerous nuclear rhetoric,” walking away from several of its arms control obligations, and refusing to engage “in substantive discussions around arms control or risk reduction.”

Much of the Russian draft resolution is exactly the same as the U.S.-Japan draft, including the language on preventing an arms race in space.

It calls on all countries, especially those with major space capabilities, “to contribute actively to the objective of the peaceful use of outer space and of the prevention of an arms race in outer space.”

Thomas-Greenfield said the world is just beginning to understand “the catastrophic ramifications of a nuclear explosion in space.”

FILE - U.S. Ambassador to United Nations Linda Thomas-Greenfield speaks on Thursday, April 18, 2024, in Tokyo. The U.N. Security Council is set to vote Wednesday, April 24, 2024, on a resolution announced by Thomas-Greenfield, calling on all nations to prevent a dangerous nuclear arms race in outer space. It is likely to be vetoed by Russia. (AP Photo/Eugene Hoshiko, Pool, File)

FILE - U.S. Ambassador to United Nations Linda Thomas-Greenfield speaks on Thursday, April 18, 2024, in Tokyo. The U.N. Security Council is set to vote Wednesday, April 24, 2024, on a resolution announced by Thomas-Greenfield, calling on all nations to prevent a dangerous nuclear arms race in outer space. It is likely to be vetoed by Russia. (AP Photo/Eugene Hoshiko, Pool, File)

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