A federal judge has thrown out libel lawsuits against five media companies that were brought by a Kentucky student over an incident at the Lincoln Memorial in Washington D.C.
The lawsuits were thrown out by the judge. The New York Times was the subject of a complaint. The lawsuits were filed in Kentucky.
Todd McMurtry said they would file an appeal. He didn't say anything more.
The Herald-Leader asked if they were prepared to argue the cases in the 6th Circuit.
The ruling focused on the statements made by the media outlets in which the two men stood face to face at the monument.
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The companies had malicious intent in publishing the claims.
These actions are unverifiable and unactionable according to the judge.
A reasonable reader would understand thatPhillips was conveying his view of the situation The confrontation took place at the foot of the Lincoln Memorial, so it would be difficult to know what constituted blocking another person in that setting.
The judge said that Phillip's statements, published in the articles, rely on assumptions about both Phillip's and Sandmann's state of mind, and neither party had any idea what the other was thinking.
Someone's state of mind is not capable of being proven true or false according to the judge.
The media defendants reported on the first-person view of whatPhillips had experienced. This would let the reader know that the person giving the perspective was simply giving his opinion.
A statement of opinion loses its constitutional protection if it is implied that there is a non-disclosed defamatory facts.
In the factual context of this case, the protected opinions ofPhillips are found.
The media outlets were sued by the man. A judge dismissed five of the cases.
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