Does Nick Sandmann have a case against media outlets, celebrities and journalists?

The Covington Catholic High School junior is represented by a nationally recognized attorney, L. Lin Wood, who has experience in defamation lawsuits.

Wood told The Enquirer by email this week that the Sandmann family's legal team, which includes Northern Kentucky-based Todd McMurtry, is investigating outlets for more than potential defamation offenses.

Those who "intentionally joined a cybermob aimed at harassing and threatening a teenager have good reason to be legally concerned," Wood wrote.

He and Wood sent dozens of letters last week requesting national media outlets and figures preserve evidence such as internal emails for potential lawsuits. The Enquirer did not receive a letter.

More:Sandmann lawyer: Letters sent to New York Times, Today Show, 50 others may precede suits

More:Nick Sandmann's family hires attorney who has handled lawsuits against media outlets

Wood, in an email to The Enquirer, cited a U.S. Supreme Court decision, Milkovich v. Lorain Journal Co., as one that would bolster Nick's chances in court.

The court ruled in the case that "opinions that convey false facts, that imply the existence of undisclosed defamatory facts, or that are based upon false or incomplete facts are legally actionable," Wood wrote.

Last week, McMurtry divulged to The Enquirer an example of a false report that harmed Nick. He said some professed that Nick got into the face of Nathan Phillips, the Omaha tribe elder who stood across from Nick.

Two legal experts disputed that claim, telling The Enquirer it would likely fail in court because it is not a verifiable fact.

"That's really a perspective, a point of view," said David Marburger, a Cleveland-based attorney who spent decades representing outlets including CBS, CNN and the Associated Press. Those who bring an accusation of defamation stemming from a statement of opinion "will lose," he added.

Jon Fleischaker echoed him. The attorney, who represents the Louisville Courier-Journal and is general counsel for the Kentucky Press Association, said it is "set law under the Constitution" that a person or publication "cannot be held ... responsible for damages for statements of opinion. Because opinion is something that is not provable as a matter of fact."

Marburger said the Milkovich ruling only addresses the First Amendment. But the first consideration in a lawsuit will be state law.

He cited a 1999 Kentucky Supreme Court ruling that found "only provable false assertions of fact can provide the basis for a defamation action."

Marburger also said that case emphasized that generalized rhetorical exaggeration is protected speech.

He gave an analogy by describing the aftermath of the O.J. Simpson trial. Many wrote that Simpson was guilty of murder, Marburger said, but those statements were not libelous.

"The context is controlling, not only words but the overall expression," he said. "If it screams perspective, giving a point of view, screams, you know, rhetoric, hyperbole, criticism," it isn't defamatory."

But Wood wrote the team is also looking into additional possible offenses.

"As we analyze the mountain of false publications and statements about Nick," he wrote, "we will be looking at causes of action beyond defamation and intentional infliction of emotional distress, including actions based on cyberbullying and assault."

Infliction of emotional distress claims accuse a defendant of engaging in conduct beyond the means of human decency while knowing doing so would cause distress in a plaintiff, Marburger said.

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Defamation law distinguishes between public and private figures. Typically, public figures must prove whoever wrote or uttered a statement had prior knowledge that it was false or evidenced a reckless disregard for the truth, according to Fleischaker.

Fleischaker said potential defendants against Nick's attorneys would have a "legitimate argument" that Nick would qualify as a limited-purpose public figure, as he participated in a public protest and has sought publicity on his own.

Wood, who represented JonBenet Ramsey's brother in a $750 million defamation suit against CBS, called Nick a "private figure plaintiff."

Wood and McMurtry sent more than 50 preservation letters, requesting the recipients keep items such as drafts of stories, internal emails and other correspondence regarding Nick.

The following people or organizations were among those sent the letters, Nick's attorneys said:

The Washington Post

The New York Times

Cable News Network, Inc. (CNN)

The Guardian

National Public Radio

TMZ

Atlantic Media Inc.

Capitol Hill Publishing Corp.

Diocese of Covington

Diocese of Lexington

Archdiocese of Louisville

Diocese of Baltimore

Ana Cabrera

Sara Sidner

Erin Burnett

S.E. Cupp

Elliot C. McLaughlin

Amanda Watts

Emanuella Grinberg

Michelle Boorstein

Cleve R. Wootson Jr.

Antonio Olivo

Joe Heim

Michael E. Miller

Eli Rosenberg

Isaac Stanley-Becker

Kristine Phillips

Sarah Mervosh

Emily S. Rueb

Maggie Haberman

David Brooks

Shannon Doyne

Kurt Eichenwald

Andrea Mitchell

Savannah Guthrie

Joy Reid

Chuck Todd

Noah Berlatsky

Elisha Fieldstadt

Eun Kyung Kim

HBO

Bill Maher

Warner Media

Conde Nast

GQ

Heavy.com

The Hill

The Atlantic

Bustle.com

Ilhan Omar

Elizabeth Warren

Kathy Griffin

Alyssa Milano

Jim Carrey



