Legal Experts: Sherrod Lawsuit Against Breitbart Has Merit

[babylonsister]

Legal Experts: Sherrod Lawsuit Against Breitbart Has Merit

July 29, 2010 4:51 pm ET by Joe Strupp


Now that Shirley Sherrod has said she plans to sue blogger Andrew Breitbart for posting an edited video of her comments that he claimed indicated racism, the question arises as to whether she has a case.

At least three attorneys experienced in defamation and libel tell Media Matters for America that she could well win.

"Most certainly she does have a case," said Attorney Deborah Drooz of Brownstein, Hyatt, Farber, Schreck in Los Angeles, which has handled such cases for Martha Stewart and Aretha Franklin. "What Mr. Breitbart did was to create the false appearance that Ms. Sherrod was a racist. He used that to further his conservative agenda. He deprived the viewer of the ability to decide for himself what Ms. Sherrod said."

Drooz added, "If he knew that this was only an excerpt, he published it with the knowledge that there was something else. To publish something that created the impression without investigating further, that is acting with reckless disregard for the truth."

more...

http://mediamatters.org/strupp/201007290047

[joeybee12]

1. Good, and I hope they don't settle...let it go to trial...then it will come out that

he really did know what he was doing...he's playing the victim card that the MSM seems to be buying.

[WolverineDG]

2. At the time of the tape's release, she was not a "public citizen"

she won't have to meet the incredibly high standard of proving Breitbart had actual malice in doing what he did, as politicians & celebs have to do.

dg

[babylonsister]

3. And there you have it; thank you, dg!

:hi:

[WolverineDG]

5. My sig line sez it all

:rofl:

:hi:

dg

[msanthrope]

6. And that is precisely the point I've made to many 'wiki lawyers'

who, bless their little hearts, have bothered to read the wikiSullivan explanation of defamation...and think it applies.

Of course, I simply cannot wait for the reply brief from Breitbart's lawyers where they will be forced to make the argument that she is a Sullivan (and progeny) 'public citizen.' Without that argument, that fucker is sunk.

[WolverineDG]

10. I love wiki lawyers

Got quite a few on DU too & have dealt with them in the past. Think they know more about the law than I do because they watched "Matlock" & "LA Law." :rofl:

dg

[msanthrope]

11. I've had the wiki lawyers go one better....

I've been accused of not really being a lawyer. This generally happens after I've thorougly trounced a wikilawyer in a legal thread.

It's amusing.

[WolverineDG]

12. Well, I was involved in a high-profile media case

actually sat through 2 full days of court, saw the conditions my clients & their children were being kept in by the State (think: concentration camp), & told I didn't know shit about what was happening by people who'd done nothing more than read a couple of books & watch Nancy Grace. :rofl:

So now I watch them pontificate about other things related to the case & sometimes keep my mouth shut; it ain't worth it.

dg

[msanthrope]

13. Let's not trash that respected jurist, Nancy Grace....

You're probably just jealous.;-)

I think one of my best days on this board came when one of my former clients (who is also a poster here) showed me a link in a journal that one of my credential-challengers had written.

Yes, of course the cred-challenger was linking to something I written.

[WolverineDG]

14. oh that's funny!!

:rofl:

dg

[blondeatlast]

7. Good point. nt

[Skidmore]

15. An employee in the public sector does not equal a public citizen.

Shoot, if Angelina Jolie and Brad Pitt can win a lawsuit, this woman can.

[Gothmog]

4. Case has merit

This case will survive any motion to dismiss which means that she will get to depose Breitbart and find out who gave him this tape. That will be fun to watch

[msanthrope]

8. It will definitely get past any 12b bullshit he might pull.

He'd be well-advised to settle.

[Skidmore]

16. Wonder who is source was???

I'll bet it is some operative or a congressional/senatoral office holder. Who is he protecting?

[Gothmog]

17. Discovery here will be fun

I also want to know who brietbart's source is

[Ross K]

9. Damn Straight!

K&R