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Why didn't Nicholas Sandman (Sandmann v. WP Company LLC, Dist. Court, ED Kentucky 2019) name the individuals working at the Washington Post who published the alleged libelous statements, as parties to the his lawsuit?

What was the advantage gained by not naming them?

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  • C It would be helpful if you tell us a little of your thinking, such as why you find this interesting, and what explanations you've considered.
    – Just a guy
    Dec 16, 2019 at 17:42
  • It may also be relevant that the judge has re-opened the suit: washingtonpost.com/lifestyle/style/…
    – Just a guy
    Dec 16, 2019 at 17:43

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Money - The Washington Post has a lot more than any writer who wrote the disputed article. The suit is seeking compensation that equates to the price paid by Amazon to aquire the Washington Post ($250 million) which is not something the lone writer of the article could afford.

Furthermore, while the writer did write the alleged libelous article, Washington Post does share in the responsibility for the editorial decision to run the article in question as well as distribute through it's sales change and the refusal to retract the article or make any corrections or apologies to correct the matter that Sandman feels was incorrectly stated. If I recall specifics of the three charges that were allowed, the statements made were by the man in the picture with Sandman, and were quotes. However, the accusation is that the Post published them as facts despite either knowing that they were lies OR with negligent disregard to finding out the truth (i.e. They should have verified if the gentleman making the accusation was trustworthy prior to publishing and that the information would have been obvious had they bothered to look for it.).

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  • Actually, the writer isn’t liable - you can write nasty things about people as much as you like, it only becomes defamation when they are shown to third parties - the paper did that.
    – Dale M
    Dec 16, 2019 at 19:09
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    The writer must be liable, as they could not have had the text published without first showing it to a third party first. The third party has its own liability for publishing the text to fourth etc. parties.
    – user4657
    Dec 17, 2019 at 1:09

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