Corrections & clarifications: A previous version of this story incorrectly reported the year of Nicholas Sandmann’s confrontation with Nathan Phillips.

A federal judge has dismissed a massive libel lawsuit filed by former Kentucky high school student Nicholas Sandmann against Gannett, the parent company of USA TODAY, and other media organizations, saying they reported opinion protected by the First Amendment. 

Sandmann had sued Gannett and five of its publications – USA TODAY, the Cincinnati Enquirer, the Detroit Free Press, the Louisville Courier Journal and the Tennessean –seeking $195 million. He argued he was defamed by their reports on his confrontation with Native American rights activist Nathan Phillips at the Lincoln Memorial in January 2019. 

A video of Sandmann, then 16 and a student at Covington Catholic in Northern Kentucky, standing nose to nose with Phillips went viral and unleashed a firestorm of internet criticism that the student’s conduct was racially motivated, which Sandmann denied. Phillips was attending an “Indigenous People’s March” while Sandmann was walking in a “March for Life” event. 

In all, Sandmann filed lawsuits against eight media organizations, including the New York Times, ABC News, CBS News and Rolling Stone magazine, seeking a combined $1.25 billion for their coverage of the event. 

But U.S. Senior Judge William Bertelsman dismissed Sandmann’s lawsuit against Gannett, the New York Times, ABC and CBS, holding Tuesday that Phillips’ statement that Sandmann “blocked him and wouldn’t allow him to retreat” – as reported by the media – was his opinion for which they could not be sued. 

“The media defendants were covering a matter of great public interest, and they reported Phillips’s first-person view of what he experienced,” Bertelsman wrote, throwing out the suits. 

The Washington Post, NBC and CNN had previously settled with Sandmann. 

Todd McMurtry, an attorney for Sandmann, said: “We are disappointed with the decision. We plan to appeal.” 

Media outlets and their lawyers hailed the ruling. 

Mike Abate, an attorney for Gannett, noted that the news organizations were covering a matter of “national and international importance” and that Bertelsman properly concluded that Phillips’ quote was an opinion that could neither be proven true or false.