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Judge Andrew Napolitano, senior forensic analyst for Fox News, told Fox host Charles Payne on Wednesday that the $ 250 million lawsuit Washington Post filed by the family of Nick Sandmann, a Catholic student from Covington, faces a difficult path, adding that it is "impossible" to prove the amount of damages claimed.
Noting that President Trump has supported Sandmann's complaint, which states that To post Targeting and intimidating the teenager wearing a MAGA hat in an attempt to embarrass the president, Payne asked Napolitano if Sandmann, 16, had a case.
The judge weighed both sides of the argument, claiming that the "teenager" had probably suffered "as a result of" false and misleading "representations of his interactions last month with a Native American activist. On the other side, Napolitano pointed out, the student became a "limited public figure" during the confrontation, adding that Sandmann's lawyers would then have to prove To post "Posted what they knew to be wrong and reckless."
Napolitano added that even though the lawyers were able to find the To post was imprudent, there would be no way to prove the wrong done to the reputation of the teenager.
"Other lawyers know that you can not ask for a court number unless you can prove it," he said. "And I'm telling you, it's impossible to prove damage to a $ 250 million reputation for a 16-year-old."
Payne countered that many celebrities had "sacked" Sandmann and that it seemed obvious that the teenager had been touched until the end of his days, which had prompted Napolitano to explain that lawyers should link directly Washington Post directly to that.
"You can make an honest comment," said Napolitano. "We start from the idea that freedom of expression is protected and that defamation is an exception, a very narrow exception. When there is a public event, the exception is even narrower. "
Exasperated Payne wanted to know if there was "no burden" on the To post be held responsible in an environment where "anything that involves a red hat creates a villain outside the person wearing the red hat".
Napolitano concluded by telling the animator of the Fox that even though he defends "a very strong moral argument", the law "does not impose any moral standard on the Washington Post engage in coercion. "
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