The New York Post lost its bid to throw out a defamation lawsuit by two men whose photo and the headline “BAG MEN” appeared on the tabloids front page last year during the manhunt for the Boston Marathon bombers. Suffolk County Superior Court Judge Judith Fabricant in Boston yesterday rejected the Posts argument that the papers coverage represented a “fair report.” A fact finder could conclude the Posts conduct was “extreme and outrageous” given heightened tensions surrounding the aftermath of the April 15 bombings, Fabricant said in her ruling.
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