A student from Covington Catholic High School stands in front of Native American Vietnam veteran Nathan Phillips in Washington on Jan. 18, 2019. (Kaya Taitano/Social Media/via Reuters) Lawyer Prepares Libel Suit Against Maligners of Covington Students After multiple media outlets misreported an incident in Washington last week involving students from Covington Catholic High School in Kentucky, a lawyer who represents the students’ families said they may pursue a libel lawsuit against those who unfairly disparaged the students, especially those who didn’t retract their comments. “Anyone who doesn’t correct and retract” libelous stories related to an encounter near the Lincoln Memorial would face a lawsuit, Los Angeles-based trial lawyer Robert Barnes told PJMedia. Corrections indicating that “a more complex picture has emerged” may not be enough, he said. Barnes confirmed to The Epoch Times that he represents the families, who “don’t want to, but feel it necessary” to pursue the libel charges. He said both media members and celebrities that targeted the students may be named as defendants. “Many lied, when honest reporting showed truth,” he said via email. Lower Libel Bar Barnes expressed confidence in the strength of his case. It’s easier for private citizens to raise libel charges against a person who publishes false claims about them. Private citizens only need to prove negligence, such as failure to fact check, on the part of the publisher. Public figures, on the other hand, need to prove “actual malice” to claim libel, which means knowing the statement is false or acting with reckless disregard of whether it was false or not. Barnes said he will likely bring the case “as a class claim to preserve the maximum amount of anonymity” for his clients. What Happened The potential lawsuit would stem from a slew of reports about an encounter between the high schoolers, a group of Black Hebrew Israelites (BHI), and several Native Americans right after the Jan. 18 March for Life ended in Washington. Based on multiple videos of the incident posted online, dozens of students of the Catholic all-male private school gathered near the Lincoln Memorial, waiting for their bus after attending the anti-abortion march. Before long, the students became the target of insults and slurs from several BHI members, who held an event nearby on the street. BHI were called “a black supremacist group” in a 1999 FBI document (pdf). At least some of their subgroups are known for fiery rhetoric against whites and others. At one point, the apparent speaker of the group called the students, “A bunch of incest babies. A bunch of babies made out of incest.” The students, some of whom wore hats with President Donald Trump’s campaign slogan, “Make America Great Again” (MAGA), responded by drowning out the insults by school chants, laughs, and cheers. After a while, a few Native American activists, who had just concluded an event nearby and were beating small drums, approached the students and made their way into the midst of the crowd. The students continued to cheer while jumping and clapping to the drumbeat. One of the Native American men, Nathan Phillips, 64, approached one of the students and came so close as to beat the drum just inches from the student’s face. The student responded by silently looking at the Native American man and smiling. “What’s going on?” another student is heard asking. One of the BHI members continued to address the teens with incendiary remarks, including: “This is a bunch of future school shooters. Nothing but a bunch of future school shooters.” As he continued to repeat this point, several of the students started to boo him and some offered comments of their own. “That’s your message,” one student said. “That’s right,” the BHI speaker replied. Another Native American man was also captured on video telling the students, “You white people go back to Europe where you came from.” At least two times, an adult who seemed to be chaperoning the students intervened and told the students to step further back from the BHI members. The Native Americans seemed to leave after several minutes. The students left shortly afterward. What Was Reported A number of media outlets covered the incident, but failed to include key facts. They also, apparently, went along with an inaccurate portrayal of the events by Phillips, despite the presence of videos online contradicting him. Phillips called the teens “beasts” who were attacking their “prey”—the BHI members, Detroit Free Press reported. The videos show no such thing. He also claimed the teens surrounded and threatened him. “It was getting ugly, and I was thinking: ‘I’ve got to find myself an exit out of this situation and finish my song at the Lincoln Memorial,’” Phillips told the Washington Post. “I started going that way, and that guy in the hat stood in my way, and we were at an impasse. He just blocked my way and wouldn’t allow me to retreat.” Multiple videos show it was Phillips who approached the students. Phillips also claimed they chanted “build the wall,” a common slogan in support of Trump’s promise to secure the southern border with a physical barrier. The videos don’t appear to show such a chant. Many media also initially failed to report the teens started to chant and cheer in response to the BHI members’ offensive comments. The resulting reports led many readers to believe the students mocked the Native American man out of racial prejudice. Response The reports triggered a deluge of angry responses online. Many social-media users with sizable followings jumped on the bandwagon and vilified the teens, some calling for their expulsion, harassment, harm, and in some cases, even death. “Name these kids. I want NAMES. Shame them,” actress and writer Kathy Griffin said in a Jan. 20 tweet. She doesn’t seem inclined to walk back her statement. Movie producer Jack Morrissey posted a picture of a man stuffing a human body into a blood-spewing woodchipper with a comment, “#MAGAkids go screaming, hats first, into the woodchipper.” He’s since made his account private. Erik Abriss, a contributor to the pop culture site Vulture, responded to the Covington teens’ incident by saying, in a tweet: “I don’t know what it says about me but I’ve truly lost the ability to articulate the hysterical rage, nausea, and heartache this makes me feel. I just want these people to die. Simple as that. Every single one of them. And their parents.” He has since been fired from his post-production supervisor job at INE Entertainment, TheWrap reported. Even the high school’s officials jumped on the bandwagon, condemning their students’ actions and threatening expulsions in a Jan. 19 statement, only to temper the response on Jan. 22, by saying “it is important for us to gather the facts that will allow us to determine what corrective actions, if any, are appropriate.” The school canceled classes on Jan. 22, stating it was advised by law enforcement to do so, “due to threats of violence and the possibility of large crowds.” In a Jan. 20 tweet, Barnes offered to represent the Covington teens pro bono. The lawyer emerged in national media coverage more than a decade ago when he helped clear Wesley Snipes of more serious tax-evasion charges. The actor still served three years for additional misdemeanor charges.<doc-sep>LAS VEGAS, January 25, 2019 (LifeSiteNews) — A California attorney representing the families and students of Covington Catholic High School at no charge confirmed to LifeSiteNews that the FBI and the Los Angeles police department have begun an investigation into a bomb threat issued to his office. In an email response, attorney Robert Barnes said the state attorney of Kentucky and local law enforcement are looking at threats made against the school, which was under heavy police protection on Wednesday. Controversy ensued after an initial edited video made the rounds on the internet on Saturday, which lent itself to a narrative that Covington Catholic students had seemingly taunted an elderly counter-protester at the March for Life on January 18. Media outlets were joined by prominent pundits and Catholic clergy who denounced the teens. Subsequent video revealed, contrary to widely circulated reports and opinion, that Native American activist Nathan Phillips approached the teens who had been engaged in banter with a group called Black Hebrew Israelites, who made homophobic and racist remarks to the teens. Phillips went on to make statements to the press that have been challenged by Nick Sandmann, the 17-year-old Covington Catholic teen who has been a focus of the incident. On Wednesday, Barnes announced that those who have made erroneous reports about the Covington Catholic students had 48 hours to apologize and retract their statements or face lawsuits for libel. Speaking to Fox News’ “Fox & Friends” about the prospective lawsuits, Barnes said, “If you've said anything false about these kids, they are willing to extend you a 48-hour time period — a period of grace consistent with their Christian faith — for you to, through confession, get redemption and retract and correct and apologize.” Barnes told Fox News on Wednesday that respondents had until Friday morning to apologize and retract their statements about Covington Catholic High School and students. Lawsuits, he said, may be filed next week. Barnes told LifeSiteNews that Phillips is not among those he proposes to sue at this time, nor are the American Indian Movement, the Indigenous Peoples March, and the Lakota People’s Law Project. Barnes confirmed that he is representing about a dozen families of Covington Catholic students, as well as their classmates as a class. He said his clients are pursuing monetary compensation for damages. In the wake of the controversy, issued scant hours after the initial video circulated, the Diocese of Covington and Covington Catholic High School released a joint statement condemning the high school students. “This behavior is opposed to the Church’s teachings on the dignity and respect of the human person. The matter is being investigated and we will take appropriate action, up to and including expulsion,” they said. Bishop Roger Foys presides over the diocese and was seconded by Archbishop Joseph Kurtz of Louisville, who slammed the students’ “shameful actions.” The Covington diocese statement has since disappeared from the diocesan website. Diocesan offices and the school were closed Tuesday because threats to the school and students. A rally was held by The American Indian Movement of Kentucky and Indiana, where protesters demanded to speak to the bishop and a change to the school curriculum. Once more videos emerged and retractions started rolling in, a new statement appeared on the diocesan website. Currently, the only functioning page on the website acknowledged that local police had received intelligence about the protest and threats. Concerning the incident, the website said, between “Covington Catholic students, Elder Nathan Phillips and Black Hebrew Israelites,” there is an independent investigation going on. “This is a very serious matter that has already permanently altered the lives of many people,” it said, adding, “It is important for us to gather the facts that will allow us to determine what corrective actions, if any, are appropriate.” Praying that the truth may be found and the “unfortunate situation may be resolved peacefully,” the website said there will be no further statements until the probe is complete. As for taking action against the Diocese of Covington and the March for Life organization, Barnes said he does not plan to do so “at this time.” According to OANN reporter Jack Posobiec, Barnes believes that Bishop Foys is not conducting an impartial investigation of the incident but is seeking to avoid legal consequences of any false statements he may have made. Also, according to Posobiec, Foys is investigating Sandemann’s “intent” when he stood silently in front of counter-protester Phillips, who was loudly chanting and banging a drum just inches away from the boy’s face during the encounter. Parents of the students have received a notice from the investigators engaged by diocese asking for permission to speak to the students. #BREAKING: Permission Slips Sent from Covington Catholic investigators to parents pic.twitter.com/UzkZ1QAM4K — Jack Posobiec ���� (@JackPosobiec) January 24, 2019 #Breaking Covington Bishop Foys is not only investigating who started the incident, he is investigating "intent" behind Nick Sandmann standing and smirking, and the "intent" of the students behind him during the incident - @OANN — Jack Posobiec ���� (@JackPosobiec) January 24, 2019<doc-sep>Media outlets and personalities were scrambling over multiple versions of a video that showed a confrontation between Catholic high school students decked out in MAGA gear and a 65-year-old Native American man at the Lincoln Memorial. Initial reports, based on one version, characterized the incident as a bunch of young white teens taunting Native Americans, in particular Nathan Phillips. Covington Catholic High School condemned the students, and media personalities and celebrities railed against them. The student shown face to face with Phillips, Nick Sandmann, became the poster boy for alleged smug, racist youths. Now, as many are now backtracking in light of additional information, the families of the students are considering legal action. Now the students are considering legal action themselves. A video that shows more than an hour of what happened revealed that the students were on the receiving end of racist and homophobic rhetoric from a group known as the Hebrew Israelites. The students, who were there for the March for Life, responded with an aggressive-looking school cheer, but no racist remarks were heard from their side. As the situation grew more tense, Phillips could be seen walking in between the two groups, with other Native Americans behind him, as part of the Indigenous People’s March. He then walked right up to the students, banging a drum and singing in their faces. While some students could be heard mocking Phillips with a chant in rhythm with his drumming, Sandmann was not one of them, and none could be heard using racist words. Sandmann claimed in a statement that he did not mean to smirk mockingly at Phillips, rather, he said he was smiling to show that he wouldn’t be goaded into more extreme action. After the additional footage provided some context, many changed their tunes, or simply deleted their inflammatory tweets. CNN’s Bakari Sellers deleted a tweet saying that someone should punch Sandmann and his classmates in the face. Another host from the network, S.E. Cupp, came forward with an apology saying she “100% regrets” reacting quickly to the initial video. The Canadian CBC News admitted fault and deleted a tweeet. But what about those who didn’t retract or delete accusatory messages or stories about the students? Robert Barnes, an attorney and Law&Crime columnist, has been in touch with some of the students’ families about possibly filing lawsuits over the treatment the teens have faced. Good apology. More needed. Don’t want to get sued? Retract, correct. Do it now. https://t.co/BlG5GEzEOz — Robert Barnes (@Barnes_Law) January 21, 2019 “Anyone who issued false statements that cast the kids in a false light & fail to retract/correct” could face lawsuits, Barnes said. Could they face legal repercussions? It depends. Statements of opinion are protected speech. That means if someone merely gave their take on the actual facts, that would likely be okay. Presenting a factually inaccurate version of the events, however, is something different. Typically, to prove a defamation case, one needs to show that a statement of fact was false, defamatory, and caused harm. Those who reasonably relied on the information that was out there, however, could be in the clear if they later made corrections, since defamation laws generally have a standard of negligence when it comes to private citizens. If they had no reason to believe that what they were saying was wrong, they may not be liable. Of course, once new information came to light, those who didn’t correct inaccurate accounts or continued to present them could be in trouble. Ronn Blitzer is the Senior Legal Editor of Law&Crime and a former New York City prosecutor. Follow him on Twitter @RonnBlitzer. [Image via screengrab] Have a tip we should know? [email protected]<doc-sep>
A Nevada lawyer said Wednesday he is giving reporters and celebrities 48 hours to retract and apologize for false statements about the high school students involved in the now-infamous encounter with an American Indian activist on the National Mall over the weekend, and then he will begin filing defamation lawsuits. Robert Barnes said the slew of social media posts attacking the Covington Catholic High School students — some of which came even after new videos undercut the narrative that the boys chanted racist slogans — crossed the line into slander. He said the first lawsuits will come next week, after he sees who has recanted and who has not. Legal scholars said his chances will depend on the nature of the tweets, though they said it’s likely to be an uphill battle in the courts, where judges are likely to allow plenty of leeway for people to express opinions and it would be difficult to prove truth or falsity. Even before Mr. Barnes’ vow to sue, some prominent figures had been erasing their initial comments made after a first video emerged and was framed as the students, in town for the March for Life, antagonizing American Indian elder Nathan Phillips near the Lincoln Memorial. As more videos emerged, it became apparent that a group of people who identify as Black Hebrew Israelites were taunting the students with anti-gay and race-baiting jibes — and none of the videos to emerge back up claims that the students targeted Mr. Phillips with racist or pro-President Trump chants. As the story evolved, CNN’s Jake Tapper and Meghan McCain at “The View” deleted tweets shaming the young boys and have admitted being too quick to judge. Meanwhile, Rep. Ilhan Omar, Minnesota Democrat, deleted a tweet saying the students taunted black men, led racist chants and said a woman isn’t raped if she enjoys it. “That was a very good positive first step,” Mr. Barnes said, adding he wants to see celebrities such as Kathy Griffin and Alyssa Milano retract their claims. Ms. Griffin called for people to “name these kids” and “shame them” in a tweet Sunday, and Ms. Milano criticized the students for attending a pro-life march. “Let’s not forget — this entire event happened because a group of boys went on a school-sanctioned trip to protest against a woman’s right to her own body and reproductive healthcare. It is not debatable that bigotry was at play from the start,” she tweeted Monday. Mr. Barnes said he has agreed to work the students’ cases pro bono and said some Covington students have retained him. He said a team of paralegals, researchers and security personnel also have stepped up to help. “The families will have a complete team of legal counsel,” Mr. Barnes told The Washington Times. “It is the most extraordinary outburst of voluntary action I’ve ever seen for any legal matter I’ve been involved in.” Mr. Barnes says because his clients are private citizens and minors, he only has to show those making false statements were negligent. He doesn’t have to prove they willfully disregarded the truth, a higher legal standard used for defamation cases involving public officials. Howard Wasserman, a law professor at Florida International University, said where Mr. Barnes files his lawsuits will matter. “Different states do different things,” he said. Mr. Wasserman also said those who based their opinions on what they interpreted from videos of the incident may be shielded. “Once you start talking about what you see in the video, I think falseness becomes really difficult to prove,” he said. Mr. Barnes, though, said courts have ruled an opinion can be defamation if its truth or falsity can be determined by a jury. He said the statements claiming his clients approached Mr. Phillips and yelled racial slurs are both statements of fact that have shown to be demonstrably false from the subsequent videos that have emerged. “That is something a jury can determine,” Mr. Barnes said. Eugene Volokh, a law professor at University of California, Los Angeles, said a lot will depend on the specific tweets. He said individuals calling for the students to get expelled or saying the kids are racist may be unsound opinions but aren’t statements of fact. “Those things may simply not be libel at all because they are simply expressions of opinions,” Mr. Volokh said.