>> Shannon: TIME FOR NIGHT COURT
ROUND ONE.
ON THE DOCKET, CAN THE STUDENTS
OF COVINGTON CATHOLIC, WHO WERE
CRITICIZED IN THE MAINSTREAM
MEDIA, ACTUALLY SUE FOR LIBEL.
SOME OF THEM SAY THEY AND THEIR
FAMILIES HAVE BEEN THREATENED,
DEMOCRATICED THROUGH THE MUD AND
PORTRAYED IN A FALSE LIGHT.
DO PUNDITS, REPORTERS AND
CELEBRITIES HAVE THE RIGHT TO
SAY WHAT THEY WANT OR COULD THEY
BE FACING LEGAL LIABILITY?
LET'S TALK ABOUT IT WITH THE
LEGAL EAGLES.
YOU ARE THE JURY.
EMPLOYMENT ATTORNEY AT PHILLIPS
AND SOY YAES YAT SYLVIA.
AND THE PRESIDENT AND GENERAL
COUNSEL FOR THE NATIONAL CENTER
FOR LIFE AND LIBERTY, DAVID
GIBBS, WELCOME TO YOU BOTH.
>> THANK YOU.
>> THANK YOU, SHANNON, HONORED
TO BE WITH YOU.
>> Shannon: I WANT TO READ FROM
L. LYNWOOD, PROMINENT ATTORNEY
WHO HAS HANDLED BIG LIBEL TASES
CASES, REPRESENTING NICK SALMON.
HE SAID WE WILL BE LOOKING AT
ALL OF THE FALSE ACCUSATIONS, WE
EXPECT A MULTITUDE OF CIVIL RUE
LIGHTS WILL BE FILED.
SYLVIA, WHO SHOULD BE WORRIED?
>> AT THIS POINT WE HAVE TO
RECOGNIZE THAT SOCIAL MEDIA AND
JOURNALISM ARE INHERENTLY
INTERTWINED.
GOING TO WAR AGAINST JOURNALISM
IS VERY, IT'S CONCERNING.
AND AT THIS POINT, ANYWAY, WHILE
HE MAY HAVE A CAUSE OF ACTION OR
NUMBER OF CAUSES OF ACTION TO
PURSUE BASED ON HIS UNFORTUNATE
SITUATION, WE CANNOT GO TO WAR
AGAINST THE MEDIA, WE CANNOT GO
TO WAR AGAINST PEOPLE'S RIGHTS
TO EXPRESS THEIR OPINIONS
FREELY.
THAT IS SOMETHING THAT IS
INHERENT IN OUR NATION.
AND THAT IS SOMETHING THAT HE
DID HIMSELF DURING THOSE
UNFORTUNATE EVENTS IN
WASHINGTON.
>> Shannon: AND A LOT OF PEOPLE
ARE WEIGHING IN.
ONE WELL-KNOWN LEGAL COMMENTATOR
SAYS THIS UNDER THE HEADLINE
LIBEL LAWS AND THE COVINGTON
BOY, THEY MAY WELL BE DAMAGE,
EXHIBIT B, BUT THE CONTROVERSY
AS A WHOLE, BUT THAT DOESN'T
MEAN THEY CAN SHOW SUCH DAMAGE
STEMMING FROM A PARTICULAR
DEFENDANT'S SPEECH.
THEY WOULD THEREFORE NEED TO
CLAIM PRESUMED OR PUNITIVE
DAMAGES.
THAT REQUIRES MORE OR LESS
DELIBERATE LIE, NOT JUST A
NEGLECT MISTAKE.
DAVID, CAN THEY RISE TO THAT
LEVEL?
>> WELL, I THINK POSSIBLY,
SHANNON, THEY COULD.
AND I THINK WE NEED TO RECOGNIZE
THAT REPUTATIONTION SHOULD NOT
JUST BE DISPOSABLE BY
JOURNALISTS IN THE INTERNET ERA.
YOU DON'T HAVE THE PRESIDENT OR
THE SPEAKER OF THE HOUSE OR
PUBLIC FIGURE, YOU HAVE
TEENAGERS.
WHEN YOU LOOK AT PEOPLE GIVING
THEIR OPINIONS, WE CERTAINLY
ALLOW THAT UNDER OUR FIRST
AMENDMENT.
WHEN YOU LOOK AT AN ONGOING
DEFAMATION, WHERE FALSE
STATEMENTS ARE BEING MADE,
THEY'RE BEING LABELLED AS
TERRORISTS, TROUBLEMAKERS IN THE
INTERNET ERA, THAT'S A BRANDING
THAT THE JOURNALISTS SHOULD BE
HELD RESPONSIBLE FOR.
THEY'RE MAKING MONEY OFF THESE
HITS.
MAKING MONEY OFF THIS PUBLICITY.
WHEN THEY DE STRIE PEOPLE'S
LIVES OR PUT THEM AT RISK THEY
SHOULD BE HELD ACCOUNTABLE.
>> Shannon: THIS IS ROBERT
BARNES ON WITH US ON FOX NEWS AT
NIGHT THE OTHER NIGHT, MAY
REPRESENT SOME OF THE OTHER
STUDENTS, HERE'S WHAT HE SAID.
>> WHILE THIS MAY BE A PRECEDENT
SETTING CASE IT IS A NECESSARY
PRECEDENT SETTING CASE.
THERE NEED TO BE CONSEQUENCES
WHEN PEOPLE ABUSE AND MISUSE
THEIR POWER AND PRIVILEGE OF THE
PRESS TO TAKE AFTER CORD
INNOCENT PRIVATE KIDS AND
FALSELY LIBEL THEM WITH LIES AND
DEFAMATION.
>> Shannon: BOTH OF YOU WEIGH
IN.
THIS COULD BE A NEW PRECEDENT,
SYLVIA?
>> WE HAVE TO TAKE INTO ACCOUNT
THE FACT THAT WHILE MR. SANDEMAN
MAY PURSUE THIS CASE MOVING
FORWARD HE HAS A MASSIVE HURDLE
AHEAD OF HIM.
HOW DO YOU SUE EVERY SINGLE
PERSON WHO WEIGHED IN ON A
SITUATION AS IT WAS HAPPENING IN
REALTIME.
AND HOW DO YOU REALLY
DEMONSTRATE WHAT THOSE DAMAGES
ARE, HOW DO YOU QUANTIFY THAT.
HE HAS UNFORTUNATELY, A VERY
LENGTHY LEGAL BATTLE AHEAD OF
HIM IF HE PLANS ON GOING ONE
AFTER THE OTHER, EACH OF THOSE
KIDS WHO MAY HAVE MADE COMMENTS
OR WRITTEN ARTICLES THAT AT THE
TIME THEY WERE WATCHING HAPPEN
IN REALTIME, AND FULFILLING
THEIR DUTY AS REPORTERS MOST OF
THE TIME.
TALKING ABOUT WHAT HAPPENED AND
EXPOSING THE SITUATION AS IT WAS
GOING ON EVEN IF THEY WERE NOT
IN THE FIELD THEMSELVES.
>> Shannon: DAVID, FINAL
ARGUMENT TO YOU.
>> THESE TEENAGERS AREN'T GOING
TO SUE EVERYBODY.
THEY'LL SUE THE JOURNALISTS THAT
WERE IRRESPONSIBLE AND DEFAMED
THEM AND PUT THEIR NAMES, THEIR
REPUTATIONS AND EVEN IN SOME
CASES THEIR LIVES AT RISK.
WE NEED TO BE LOOKING AT HOLDING
THE STANDARD HIGHER TO PROTECT
INNOCENT PEOPLE FROM BEING
MALIGNED OF THE INTERNET NEVER
GOES AWAY.
THEIR CHILDREN AND GRANDCHILDREN
THAT AREN'T EVEN BORN YET WILL
BE READING ABOUT.
THIS THE JOURNALISTS MAKING
MONEY OFF IT OUGHT TO BE HELD
ACCOUNTABLE.
>> Shannon: YOU HAVE MADE YOUR
CASES, WE HAVE SEEN THE
EXHIBITS, FOLKS AT HOME ARE YOU