A federal court in Kentucky revived the lawsuit brought by Covington Catholic High School student Nick Sandmann’s family against the Washington Post.

Judge William Bertelsman of the U.S. District Court in Eastern Kentucky, who initially dismissed the case in late July on the grounds the paper’s reporting was protected by the First Amendment, reinstated the case on Monday. The judge narrowed the number of allegedly defamatory statements the Post wrote about Sandmann, 17, however, from 33 to three.