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. >> let's talk about freedom of the press do you stand for freedom of the press? . >> i will say unequivocably i am a believer of the first amendment. it has no strength or real value if there is not accountability. so when people on the other side say i'm trying to chill speech but i am trying to seek redress from false attacks.

false speech has no value. in this case you're talking about threat and and vilified a child and i am accused of killing that kind of speech? i am happy to take that up proudly we don't need that speech that is not what the first amendment is all about. >> but with reporters when the constitution was established freedom of press met the federal government was hands-off but there is still power on the states they can bring defamation suits. >> correct. >> with the ability to have false attacks on your reputation it was governor not

exclusively to state law through 1964 "the new york times" versus sullivan the supreme court brought in the first amendment with cases involving public officials in those cases actual malice standard applied but in the remainder is still governed by state law which generally allows you if the reporting was false and negligent under "the new york times" standard you have to prove you actually knew it was false and subjective and that you acted with reckless disregard. that was expanded by some bright media lawyers into people public figures a few years later but then they applied it with rosenblum to metro media supreme court shortly after that realize

they had gone too far so they dialed that back and reversed rosenberg and said it was only to a private figure if they voluntarily injected himself into the vortex of a public controversy for gone not sure where the actual malice standard came from with public officials with its roots in the first amendment that justice thomas himself commented and questioning the validity of that. so they need breathing room with the first amendment to adopt a mob attack on a 16 -year-old child the first amendment does not require

that to be an effective protection. mark: we had freedom of the press long before "new york times" versus sullivan. >> we did. mark: all forms of communicatio communication, newspapers were developed, so the media broadly speaking really had a revolution in communications prior to "new york times" versus sullivan. are we better off if they claim immunity from the law so they can basically say anything or call people names may be? maybe not for freedom of the press is that a healthy way for a nation to communicate?

look around you and the deterioration the last several years i have watched this since the richer jewel case. it is hardly unhealthy. there is nothing valuable to the public discourse to tell rumor rumors, lies, accusations to be able to use the media and the first amendment that's what happened to nicholas. the only didn't who have an agenda was nicholas salmon for him to participate in the right to life march but it is a situation where it started off when you got to the internet with this new development to sit in the

privacy of your home with a few strokes of your keyboard and anonymity send out segments to the world to worry - - ruin her reputation in seconds. and with social media all these people on twitter and facebook and they are anonymous without level of discussion now it has gotten worse and worse. look at most of the articles and sources say people close to but nobody is identified it used to be the media was very careful to use any type of confidential source back in the word word and bernstein days.

and then to verify any information. and just like the internet users and social media users put out a lot of information without any attribution and to be accountable for lies. mark: i will ask you about your client in a moment but first cnn ultimately through time warner. >> big corporations in bc, comcast, msnbc. >> big corporation. >> what kind of info that will - - influences that have? been look at the coverage we have on cnn and msnbc. there is no objectivity. there is no fairness.

it is an extension of political parties out to influence the public instead of informing the public. it used to be get it first and get it right now they throw out get it right now and they don't even worry about the source. i use the example that look at nicholas. all over our president trump they got them the best feed report that he directly told michael coleman to lie to congress then friday night mueller comes out and says it is inaccurate and not true. the media went to bed friday night with two black eyes woke up saturday morning and came

out swinging again this time at a young boy because he had a make america great again cap they tried to punch him and beat him and attack him like a schoolyard bully in a makeup point because they did not bother to look into the allegations but relied on social media. that is why they just joined the social media mob. it's an extension ability of political parties but the social media model. that is beyond the wild wild west there is no accountability yet we have no control from a legal perspective for the type of conduct and speech seen on social media websites. but it needs to be done there has to be accountability. if we don't then deterioration will continue. mark: when we come back i will

ask about your client and how he is doing and your fight with the washington post what your plans are and arguments are and the reaction of some of those targets of the litigation. ladies and gentlemen,, don't forget almost every week night watch me on levintv. go to blazetv/mark or call 844-levin-tv. we will be right back. steven could only imaginem 24hr to trenjoying a spicy taco.burn, now, his world explodes with flavor. nexium 24hr stops acid before it starts for all-day all-night protection. can you imagine 24-hours without heartburn?

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mark: let me ask you a question you have seen "the washington post" that is a major corporation. so you buy a newspaper that goes broke. you serve a total of $250 million it wasn't even an apology. >> it was an excuse. tell me about that.

>> so that there is no misconception it was not a correction. it was not a retraction prickle there was no apology. if you look at what it did they were patting themselves on the back to say here is what we reported and it turned out later we were wrong and we said that so pat is on the back our reporting was accurate that is really what they said they almost want to take the position it's okay to lie about you accurately so that when the truth comes out tell it at that point in time but the problem is they have a journalistic responsibility and an ethical responsibility to not only publish the lies but a duty to investigate

first. they put out the statements of this young boy repeat those accusations they have the responsibility to do an investigation to not publish that in the first place they didn't say one word about the failures. not even one word attempting to say or investigate. that a newspaper will acknowledge to be held accountable to sit up and do the right thing the only way we will get justice with "the washington post" would be in front of a jury you won't get it voluntarily the media is incapable of standing up to

acknowledge their mistakes committing to the idea because they cannot imagine that. >> what about all the professors or prosecutors or whatever they are that they keep defending them as a protection of the first amendment but that's not true historically. and number two these are major corporations and it has an effect. cnn did one hell of a number on your client so i'm just wondering they are not the only one. >> the list is long. >> so what happens quick.

>> cnn was more vicious in the direct attacks on nicholas than "the washington post". cnn goes into millions of individuals homes to broadcast into their homes. they really went after nicholas with the idea he was part of a mob attacking black hebrew israelites yelling racist slurs at the black hebrew israelites saying totally false that he was part of the group threatening them that they thought it would be a lynching. you have seen the tape for good if you took the time to look at the full context of what happened that day, nicholas did absolutely nothing wrong. he was the only adult in the room.

that you have a situation where cnn could not resist the idea that a young boy with america - - make america great again hat so they went after him so they woke up on saturday morning cnn was online on twitter at 7:00 a.m. with that propaganda put out and then we will find out who that entity shortly but right away going after the shooting boy and they maintain for at least two days. why did they take one hour to look through the internet and find the truth and reported? but they did not do it. they were vicious. it was false. cnn will be sued next week in right behind that is "the washington post". mark: you are suing cnn on monday quick.

>> monday is the present plan we have lawyers that are working hard double checking the footnotes. we filed our complaint and investigated it because we wanted to get it right. mark: you are suing them monday for how much quick. >> because of the way they went after nicholas so viciously with his reputational damage will be higher than it was against "the washington post" 200 million punitive damages it is designed to punish and to deter don't ever do this again the award should be at least what it was that the compensatory damage to his reputation that number will be higher.

mark: again you are accused of chilling free speech but i want to reiterate what you said that is what they are doing we want to go back to the time with actually investigate and then report the news that what cnn did for my observation was a campaign to destroy his reputation over and over to bring in guest to talk about your client, then talk about experts to talk about your clients this is what cnn and others promoted. >> they did like they decided to turn over the airways to people who had the agenda and they are lying about what happened nicholas was collateral damage cnn is waging a war against the president. mark: we have more when we come back.

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the 28 -year-old has been charged one count of murder but more are expected he is due back in court next month to people taken into custody after the shooting have been released they don't believe either was involved in the attacks. wreaking havoc in the midwest the region has been overwhelmed by heavy rain and melting snow. crews are helping to rescue those who have trapped in their homes. it is blamed for at least one death. now back to "life, liberty & levin". mark: attorney for nicholas sandmann that freedom of the press and freedom of the speech so see if you agree with me but my attitude a

justice system isn't suspended by the first amendment. you are not attacking freedom of the press or freedom of speech i am attacking false speech let the chips fall where they may. and they should be immune from being held responsible do i have that right quick. >> dead on the money. . >> this is not about a concern about the first amendment. this is a concern about how they make money. they use the first amendment that is how they make money they want to defend their wrongdoing by hiding to

protect their money but at the end of the day it is universal. these are big companies with vast financial resources and have the ability to influence if you have enough influence what you get? you get power this isn't first amendment from their standpoint at all that is this the subterfuge that they use really it's about their ability to get power to influence people they send the messages to. $250million some say is ridiculously high but some said it was too low. but what i want to put out there to show that this is serious i might be too high or too low nobody has come on television to say i did not

sue for enough. [laughter] i know at the end of the day the jury makes the decision based on the evidence i have to prove my case i just don't sue them and they write me a check doesn't work that way. remember the same big corporations that will be fighting me in nicholas, they have unlimited resources they get their lawyers unlimited budgets. go get them. under the guise to protect the first amendment really they just try to protect their pocketbooks and their influence. mark: do they have insurance. >> they do. and the thing for them is insurance is cheap you could buy huge policy limits for very little premium dollars because there are very few successful cases.

so they have that protection on top of the first amendment protection they try to assert. if the jury wants to tell jeff at cnn stop it don't ever do this again and the only way we get your attention is to put a dollar figure that we will take out of your pocket to teach that lesson. what does that do? will you be bothered by $200 million that is walking around money. mark: under our system to behold irresponsible people accountable that does not violate freedom of the press it improves it. >> it is the heart and soul of the justice system. with the supreme court's case that says the right of the individual to seek redress or

false attacks on his or her reputation is every bit as valuable of those rights granted to us under the constitution. >> ultimately what do we do in our lives than to build a reputation? so now they could come along in a false area of lies to destroy your life's work because following this idea of the guilty accusation the process is thrown out the window so the accusation is made your reputation is destroyed your life work is destroyed. what about nicholas? he hasn't even started.

he will now go through his journey to build his life's accomplishments not only his own path, not the journey he would have taken that now that has been imposed on him by the false attacks made. i don't know what kind of dollar figure you put on that for the rest of his life it will impact his children and his children's children. mark: will said. - - well said. we will be right back that's what 24/7 means, sugar. kind of like how you get 24/7 access to licensed agents with geico. hmm? yeah, you just go online, or give them a call anytime. you don't say. yep. now what will it take to get 24/7 access to that lemon meringue pie? pie! pie's coming! that's what it takes, baby.

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victims. now, one of the defenses will be this is just opinion so the standard is low. >> protected opinion. >> i have heard that 1 million times the supreme court has already responded for me in a case the supreme court made it clear there is no wholesale exemption for expression claimed to be opinion. pure opinion that is not capable to be proven true or false but when you start to put an article that says nicholas sandmann is a racist or a bigot and you are describing that he mocked or taunted or blocked or approached and stuck his face

into the elder man's face, now you are describing conduct. it happened or didn't and if the basis of your so-called argument is false or incomplete that is actionable so the opinion defense will not be a major defense in any of these cases because the attacks on nicholas were attacks describing conduct. mark: under the moniker of news. >> yes. i don't know how you turn the page i'm sure they don't they have editorial pages anymore. someday but now it's all blurred together. the news is as much opinion. mark: you have been doing this a while. >> 23 years. mark: do you see a decline of

professionalism from 20 years ago quick. >> yes. it is remarkable. when i started there was no internet. it wasn't yet a gleam in al gore's eye. [laughter] all of that has developed during my lifetime of law practice. and what should have been what was intended to be a benefit to society has turn into our worst nightmare. literally no one is safe from a false attack. you can live an impeccable life as an adult in nicholas is a child but he does aspire to be a lawyer. i have talked to him about

that. what if he decides or somebody else decides with the stature and integrity and scholar to go to the supreme court? look at what happened to brett kavanaugh. i watch that initially i watched it with nicholas and i get the same feelings. here we go again. because now they just reach back into the bowels of the past and everything the internet has done it's all still there and the people that want to oppose a justice sandmann will dig out the garbage and misconstrue it and throw it back at him again. that is the kind of damage that is potentially therefore this young man and always looking over his shoulder because somebody like a

hollywood celebrity will go headfirst. what are they thinking? this is a 16 -year-old kid so it has deteriorated. richard jewell was 33 years old they destroyed his life when he decided not to cut and run. they took richard that lisi got to age 33. now it is nicholas he is starting off as a 16 -year-old under that type of taint that never goes away and is there forever. if you are going to recognize the internet is permanent then you have to take greater precautions to make sure the record you are making is accurate. all we want from our media and all we should accept is news

and truth and accuracy i don't see anything by the coverage of "the washington post" or cnn or nbc or abc. accuracy is at the bottom of the list that's the type of coverage to the point where we are now attacking children asking them questions do you think you did anything wrong? do you have any remorse? to stop trying to shame this young boy. >> they have no shame. mark: i will talk about the types of people that you will depose. don't forget almost every weeknight to watch levintv. go to blazetv/mark or call d5 844-levin-tv we will be right

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mark: nicholas sandmann council ongoing litigation with "the washington post" you'll sue cnn monday or

tuesday so give us a feel how you are doing discovery. with all those types of information quick. >> the first stage will be documents e-mails, internal messaging the washington post as an internal messaging system we will see those in what the people were talking about amongst themselves at the momen moment. once we get that discovery then we will take full depositions somebody under oath, question them and cross-examine any reporter's name is on a byline they will be subject to a deposition then we will move up through the chain. >> where does the buck stop? who signed off on this? who didn't say first did you

investigate? where is your source? where's the test quick. >> somebody on the editorial level needs to ask those questions but we will start on the bottom with the documents moved to the reporters and then the managers and then as others are identified we will move to them it is a monumental task but we are up for it. >> you have to prove the case. >> and my experience i have found found media defendants fight tooth and nail to prevent you from getting discovery they do not want you to know the truth how they made the sausage. mark: with cnn quick. >> absolutely we go back to media tapes quick. >> that parts of an interview we have a correspondence interview interestingly she did not give all of the

information she obtained during those interviews so you pick and choose with these people that they saying - - they saw and they claim they heard that we know is not true whatever the gave to cnn that did not report that told them what they was reporting was inaccurate or at the least questionable. >> here is what we are looking at. nicholas sandmann did nothing wrong. what was promoted was false. so we will work back to figure out how you can take one clear incident and put out such a false narrative. how did it go wrong? we will trackback and find out the truth. mark: i watch jim acosta and i saw the media protect him when

the president of the united states over the press conference and people are here from cnn over 200 people. because of your conduct i saw the media circle the wagons to protect him they did not think that was a first amendment issue because they are still free to have correspondence at the white house but yet he was disrupting a presidential press conference. it says the media will circle the wagon around "the washington post"? not nearly four freedom of the press but for the corporations to do the same quick. >> i don't understand the sense of it but i know it. i haven't had a request for interview cnn or cbs or abc or

nbc nobody wants to talk about this fiasco. they don't want to talk about their mistakes or what they did to this boy they are not interested they are interested to circle the wagons as they always do historically and get the talking points out there every lawyer and defendant will write the same type of letter with the same type of defense and it is a mentality designed to protect but it is an error they really think they are above the law and that they are free under the first amendment to say whatever they please. they do not want accountability and they will circle the wagons and they will fight as hard as they can with all of their money because if you ever get to the point to hold them accountable

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call usaa to start saving on insurance today. >> this was a simple event. no punches were thrown. there was a guy with a camera and the media got it totally wrong. they converted the truth into falsity. they did it because the false story advanced to their agenda. if the media can't get this type of a simple story right.

if they can't keep their agenda out of a story like this, then when we are talking about substantive serious issues, you can't trust anything you are being told by the mainstream media. don't just be sceptical. go somewhere else to find the truth. mark: you think your litigation will help? >> if they can get away with this against a 16-year-old boy, a minor. then we are all at risk. if they want to convert him into a public figure, then we are all public figures. nobody's reputation will be safe. that's the simple fact. if they can do it to nicholas, they docket to anyone. there has got to be accountability, there has to be

change. mark: lin wood, thank you. personally speaking. go get'em. [♪] jesse: welcome to. "watters' world." i'm jess pea watters. weather d i'm jesse watters. the political games begin after a gunman opens fire in christchurch. the left already blaming the president. >> there is intolerance being spread in this country, in this world, and it comes from the political dialogue. it comes from political leaders. >> words do have consequences. and we know that at the very pinnacle of power in our own country, people are talking ou