The lawsuit claimed the Post falsely labeled Sandmann a racist by publishing articles that “falsely accused Nicholas of … ‘accost[ing]’ Phillips by ‘suddenly swarm[ing]’ him in a ‘threaten[ing]’ and ‘physically intimidat[ing]’ manner … ‘block[ing]’ Phillips path, refusing to allow Phillips ‘to retreat,’ ‘taunting the dispersing indigenous crowd,’ [and] chanting, ‘Build that wall,’ ‘Trump2020,’ or ‘Go back to Africa.'”
The suit, which called for $250 million in compensatory and punitive damages, accused the paper of practicing “a modern-day form of McCarthyism” by targeting Sandmann and “using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles … to smear a young boy who was in its view an acceptable casualty in their war against the president.”
The judge concluded the newspaper’s characterizations were protected by the First Amendment.
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