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
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"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
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 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"
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
Taliban's quest for tourists to see the wonders of Afghanistan
Under The Radar Troubled country wants to become a 'tourism powerhouse' – but how safe is it?
By Chas Newkey-Burden, The Week UK Published
-
Magazine solutions - May 17, 2024
Puzzles and Quizzes Issue - May 17, 2024
By The Week Staff Published
-
Magazine printables - May 17, 2024
Puzzles and Quizzes Issue - May 17, 2024
By The Week Staff Published
-
Arizona court reinstates 1864 abortion ban
Speed Read The law makes all abortions illegal in the state except to save the mother's life
By Rafi Schwartz, The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published