The Supreme Court this week declined to take up an appeal from Nicholas Sandmann, who sued major media companies alleging they defamed him in 2019.
His suit asked for more than a billion dollars in damages against The New York Times, ABC, CBS, Rolling Stone and Gannett.
Mr. Sandmann was caught in a viral video with American Indian Nathan Phillips as they stood nose to nose in front of the Lincoln Memorial following the March for Life.
Mr. Sandmann’s lawyer said the media outlets defamed their client by not fact-checking what occurred, instead reporting that the young man was blocking Mr. Phillips — who was beating a drum — from passing by in an intimidating way while wearing a Make America Great Again hat.
In reality, it was Mr. Phillips who had approached Mr. Sandmann and several other students while they waited for buses after the event to head home, according to the court records.
“By not fact-checking, and indeed without the mere semblance of care or research, these publications ignored the basic ethical and investigatory obligations of professional journalism,” read Mr. Sandmann’s petition.
It would have taken four justices to vote in favor of hearing the case.
Mr. Sandmann lost in lower courts when the judges reasoned the media companies reported on a newsworthy event and Mr. Phillips’ characterization of what unfolded — that he was being blocked — was protected by opinion.
Mr. Sandmann previously settled cases with The Post, NBC and CNN.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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