Supreme Courts Turns Down Case Involving Former Student Nicholas Sandmann

The Supreme Court declined on Monday to review the case of Nicholas Sandmann, a former Kentucky high school student who sued multiple news outlets over their coverage of his widely publicized encounter with a Native American activist in 2019.

Justices opted against taking up Sandmann's petition against various outlets, including ABC News, The New York Times, and Gannett, leaving in place a lower court's dismissal of the substantial libel lawsuit.

Supreme Court declines to take Nicholas Sandmann’s petition https://t.co/4GTt5LP660

— Washington Examiner (@dcexaminer) March 26, 2024

The former student alleged he was defamed by reports concerning his interaction with Native American activist Nathan Phillips at the Lincoln Memorial in Washington, D.C., five years ago.

In his petition, Sandmann's lawyer argued that the U.S. Court of Appeals for the 6th Circuit erred in its determination that the media outlets, by reporting Phillips's account alleging that Sandmann had "blocked [his] way and wouldn’t allow [him] to retreat," had disseminated "protected opinions."

Legal representation for Sandmann depicted their client in court filings as a victim of "cancel culture," emphasizing his status as an "innocent high school student" during the encounter with Phillips.

“Sandmann was denounced by his church diocese, denied re-admission to his high school, and attacked in the national media,” according to the petition.

“Round-the-clock police protection was assigned to his house; his visage was featured on nearly all major television outlets, with celebrity commentators stating that they would ‘like to punch him in the face,’ and worse," it added.

According to the petition, Sandmann faced severe repercussions, including denouncement by his church diocese, denial of re-admission to his high school, and relentless attacks in the national media.

The 6th Circuit's ruling in August 2022 held that the contested "blocking" statements were "nonactionable" because the media outlets had reported Phillips's subjective understanding of the situation and Sandmann's intent.

Sandmann had petitioned the Supreme Court in January to hear his appeal and address specific questions regarding the interpretation of the First Amendment and the distinction between fact and opinion.

In related developments, CNN settled a lawsuit filed by Sandmann in January 2020 for an undisclosed sum, and he reached a settlement with NBC Universal in December 2021.