Nick Sandmann's lawyers made a "serious tactical blunder" in their lawsuit against The Washington Post, according to Alan Dershowitz.

Attorneys representing the Kentucky high school student involved in a confrontation that went viral on social media last month announced Tuesday that they were suing The Post for $250 million in compensatory and punitive damages.

The lawsuit, which was filed in federal court in Kentucky, accused The Post of practicing "a modern-day form of McCarthyism" by targeting Sandmann and "using its vast financial resources to enter the bully pulpit by publishing a series of false and defamatory print and online articles ... to smear a young boy who was in its view an acceptable casualty in their war against the president."

Sandmann, a junior at Covington Catholic High School, came under attack in January after a video surfaced of him standing face-to-face with a Native American man, Nathan Phillips, while wearing a “Make America Great Again.”


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On "Fox News @ Night," Dershowitz, a Harvard Law professor emeritus, and Kentucky Gov. Matt Bevin (R) broke down the lawsuit and what it means.

Dershowitz said that Sandmann has a "significant" chance of winning the case or getting The Post to settle, but his lawyers made a serious legal mistake by mentioning President Trump and the broader media in the lawsuit.

"They'd be much better off not making that argument and simply saying, 'We represent one guy, a kid, his reputation has been hurt. This is not about Donald Trump, this is not about trying to chill the media,'" Dershowtiz said. "A serious tactical blunder by the lawyers."

He said Sandmann should seriously consider hiring a different lawyer who's more interested in presenting the specifics of Sandmann's case, as opposed to a general case against the media.

"If this were merely about this young man being hurt, they'd have a much better chance of winning."

Watch the "Fox News @ Night" segment above.


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