Can Shirley Sherrod beat Breitbart in court?

The former USDA official says she's going to sue the conservative blogger who posted the misleading video clip that got her fired

Best Opinion:  Hot Air, Impolitic, Moderate Voice

Ousted Agriculture Department employee Shirley Sherrod said Thursday she plans to sue Andrew Breitbart, the conservative media activist who posted a misleadingly edited video that made her appear racist. Breitbart has said Sherrod wasn't his target — rather, he was seeking to expose members of the NAACP who attack the Tea Party for racism yet and applauded Sherrod when she talked about withholding aid from a white farmer. Sherrod said Breitbart "had to know he was targeting me." Will she be able to prove that in court? (Watch Shirley Sherrod's announcement)

Sherrod's lawsuit won't go anywhere: It will be "darned near impossible" for Shirley Sherrod to win, says Ed Morrissey in Hot Air. She was a public official, so even if Breitbart had been criticizing her, and not the NAACP, he was free to do so "in harsh and even unfair terms." And if she proved Breitbart acted with excessive "malice," Breitbart could counter-sue under the same terms, now that she's publicly and ridiculously accusing him of being "pro-slavery."
"Sherrod says she will sue Andrew Breitbart"

Of course Sherrod has a case: Andrew Breitbart did more than just "smear" Shirley Sherrod's reputation, says Libby Spencer at The Impolitic, so defamation isn't the only thing she can sue him for. She lost her job as a direct result of what, in the words of one employment lawyer, was a "fraudulent attack." In short he caused her real, measurable harm. "Whatever the chances of success, I hope she goes through with it."
"Sherrod to sue Breitbart"

Sherrod wins just by dragging Breitbart into court: Shirley Sherrod might not win the case, says Joe Gandelman in The Moderate Voice. "But after working on two newspapers that were sued from time to time it is worth noting" that this case will "instill a bit of caution" in the TV networks, newspapers, and websites that publicized Breitbart's clip, and make them more likely to do a little fact-checking next time. And even if Sherrod loses, she'll force Breitbart to defend his actions in court, and that's something.
"Shirley Sherrod will sue conservative blogger Andrew Breitbart"

 

Should the GOP distance itself from Andrew Breitbart?

The RNC may ask the controversial conservative who posted the Shirley Sherrod video to speak at a fundraiser. Smart move?

Conservative media activist Andrew Breitbart has been widely accused of race-baiting after posting a misleadingly edited video on his website suggesting that Shirley Sherrod, a former employee at the USDA, behaved in a racist fashion. With that controversy still... More

5 things we learned from the Shirley Sherrod affair

Though the pundits agree that the Sherrod case was a disgrace, they draw different conclusions

The case of USDA official Shirley Sherrod — who was fired after she was (falsely) accused of reverse racism — is still playing prominently in the news, a week after conservative media force Andrew Breitbart made her a household name and the Obama administration... More

Should Shirley Sherrod sue Andrew Breitbart?

The former federal bureaucrat says she's thinking of filing suit against the Righty web mogul for trying to trash her reputation. Is that advisable?

Conservative journalist Andrew Breitbart has received a lot of flak (rightly or wrongly) for posting and promoting a misleading video clip of ousted U.S.D.A. official Shirley Sherrod, but he may have opened himself up to more than just criticism. Sherrod says Breitbart... More

Will Shirley Sherrod be Andrew Breitbart's downfall?

Commentators wonder whether the conservative media giant will survive this latest dust-up with his reputation intact

Ousted USDA official Shirley Sherrod received a round of high-profile apologies Wednesday — the White House, Agriculture Secretary Tom Vilsack, the NAACP — but not from conservative media mogul Andrew Breitbart, who posted the heavily edited video that... More

Was Shirley Sherrod framed by the Right?

A USDA official is ousted after conservative blogger Andrew Breitbart posts an edited, racially explosive videotape. Did he sacrifice an innocent victim just to create a scandal?

The controversy over ousted U.S.D.A. official Shirley Sherrod's comments on race just got more complicated. Sherrod resigned under pressure Tuesday after conservative Web publisher Andrew Breitbart posted a video clip of Sherrod, who is black, saying at a March... More