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Shirley Sherrod says she will sue Andrew Breitbart
Hotair ^ | 07/29/2010 | Ed Morrissey

Posted on 07/29/2010 12:33:22 PM PDT by SeekAndFind

Via Ben Smith at Politico, the utterly predictable next step in the swamp that has become the Sherrod story has taken place:

Ousted Agriculture Department employee Shirley Sherrod said Thursday she will sue a conservative blogger who posted an edited video of her making racially tinged remarks last week.

The edited video posted by Andrew Breitbart led Agriculture Secretary Tom Vilsack to ask Sherrod to resign, a decision he reconsidered after seeing the entire video of her March speech to a local NAACP group. In the full speech, Sherrod spoke of racial reconciliation and lessons she learned after initially hesitating to help a white farmer save his home.

She said she doesn’t want an apology from Breitbart for posting the video that took her comments out of context, but told a crowd at the National Association of Black Journalists annual convention that she would “definitely sue.”

Sue Breitbart for what, though? Defamation? Sherrod is a public official, which makes that kind of lawsuit darned near impossible. Breitbart used the clip to criticize the NAACP, not Sherrod directly, although she certainly came into the line of fire. People are allowed to criticize public officials in harsh and even unfair terms, especially when they make public remarks.

A court is not likely to look favorably on this for another reason — Sherrod’s public statements about Breitbart. She accused him of being pro-slavery, which is a ridiculous and demagogic attack. Even if a court somehow found that Breitbart acted with malice specifically towards Sherrod to a level that overcomes the right to criticize public officials and that he lied about Sherrod specifically in doing so, under those same terms Breitbart would have a countercase against Sherrod. Otherwise, Breitbart has become enough of a public figure that Sherrod’s statements about him would probably not be actionable, either.

This lawsuit will make a big splash and keep the story alive for a while, but its value is strictly limited to PR. I somehow doubt that the Obama administration will see that as beneficial to its own objectives, either, as they seem as anxious to bury the story as anyone involved.


TOPICS: Culture/Society; Front Page News; News/Current Events
KEYWORDS: andrewbreitbart; lawsuit; searchandfind; shirleysherrod
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1 posted on 07/29/2010 12:33:24 PM PDT by SeekAndFind
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To: SeekAndFind

Yep, she’z no stranger to litigation.

She’z tryin to hit one outta the park with a big ol payday.


2 posted on 07/29/2010 12:35:12 PM PDT by servantboy777
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To: SeekAndFind

Cranial rectal inversion, methinks.


3 posted on 07/29/2010 12:35:32 PM PDT by Wicket (God bless and protect our troops and God bless America)
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To: SeekAndFind

I’m gonna sue Sherrod, as an agribusiness man of pale complection I view her and her husband’s rants as slander.


4 posted on 07/29/2010 12:35:40 PM PDT by junta (S.C.U.M. = State Controlled Unreliable Media)
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To: SeekAndFind

She doesn’t have a prayer.


5 posted on 07/29/2010 12:36:07 PM PDT by jpl (It's "My Big Fat Deadly Greek Riot", coming soon to a bankrupt socialist state near you.)
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To: SeekAndFind; All

So posting an unedited video of a public speech is against the law now?

Breitbart posted the full video he had in his possession to the best of my knowledge.


6 posted on 07/29/2010 12:36:56 PM PDT by Red in Blue PA (Anti-Gunners suffer from Factose Intolerance)
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To: jpl

And...”discovery” would be such fun.


7 posted on 07/29/2010 12:37:22 PM PDT by goodnesswins (DEMOCRATS LOSE.....America WINS!)
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To: SeekAndFind

She will lose...he posted the entire video on the first day and can’t be blamed for her boss’ apparent ADD (since he acted before viewing the whole video)


8 posted on 07/29/2010 12:37:46 PM PDT by CAluvdubya (WASS!)
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To: SeekAndFind

I hope Breitbart sues for every penny sherrod has. She is guilty of slander and libel. He showed an actual clip of her—and the left does clips all the time with no fear of reprisal.


9 posted on 07/29/2010 12:37:46 PM PDT by freeangel ( (free speech is only good until someone else doesn't like what you say))
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To: SeekAndFind

Enter the lawyers....the REAL power in the once proud Republic.


10 posted on 07/29/2010 12:37:53 PM PDT by Le Chien Rouge
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To: junta

she would have to have character in order for it to have been defamed!


11 posted on 07/29/2010 12:38:50 PM PDT by sappy (criminallibs)
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To: SeekAndFind

For possessing a tape that caused the president to act stupidly?


12 posted on 07/29/2010 12:39:25 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: jpl

She doesn’t care if she has a prayer.

She’s gonna get millions of dollars of air time and become a martyr for the victimhood movement no matter how this goes.

If she wins, she gets money, bragging rights, a halo over her head.

If she loses, she gets exactly the same things, plus the chance to bash the “white-run judicial system in this corrupt nation.”


13 posted on 07/29/2010 12:39:39 PM PDT by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: SeekAndFind

Yeah, he’s the one who fired her without doing an investigation.


14 posted on 07/29/2010 12:39:47 PM PDT by whence911 (Here illegally? Go home. Get in line!)
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To: SeekAndFind

Where is she now? The czarina of something?


15 posted on 07/29/2010 12:40:50 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: SeekAndFind

Bring it on!


16 posted on 07/29/2010 12:41:03 PM PDT by dhuynh73 (Reagan Country)
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To: SeekAndFind
posted an edited video

I guess ole Juornolist Ben doesn't know the difference between edit and excerpt.

She was for racism before she was against it anyway.

17 posted on 07/29/2010 12:41:06 PM PDT by Clint N. Suhks (RIP Bahbah. Did you plug the damn border yet daddy! Palin/Cheney 2012)
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To: cripplecreek

exactly. it’s not like she didn’t say what was on the tape, either!


18 posted on 07/29/2010 12:41:50 PM PDT by sappy (criminallibs)
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To: SeekAndFind

I bet Brietbart is licking his chops at the prospect of taking her deposition. This is definitely a popcorn worthy event.


19 posted on 07/29/2010 12:41:53 PM PDT by circlecity
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To: cripplecreek

How about the NAACP? Didn’t they bring this puppy to the light first?


20 posted on 07/29/2010 12:42:25 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: SeekAndFind

“The edited video posted by Andrew Breitbart led Agriculture Secretary Tom Vilsack to ask Sherrod to resign, a decision he reconsidered after seeing the entire video of her March speech to a local NAACP group.”

So, basically, this is a matter for the courts because Tom Vilsack (he had nothing to do with it, obviously, but going along with the story) was too lazy to click on a link.


21 posted on 07/29/2010 12:42:40 PM PDT by Tublecane
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To: SeekAndFind

People who publicly give speeches about “hatin whitey” suing. Unreal.


22 posted on 07/29/2010 12:42:55 PM PDT by Frantzie (Democrats = Party of I*lam)
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To: SeekAndFind
ROTFLOL Shirley, you're not only a racist you're stupid.

"You know, I haven't seen such a mean-spirited people as I've seen lately over this issue of health care. Some of the racism we thought was buried. Didn't it surface? Now, we endured eight years of the Bush's and we didn't do the stuff these Republicans are doing because you have a black President."

Shirley Sherrod 3/27/2010 @ Georgia NAACP meeting

----------------------------------------------

While appearing on Anderson Cooper’s 360, Sherrod stated that Breitbart would “like to get us stuck back in the time of slavery.”


23 posted on 07/29/2010 12:43:35 PM PDT by TigersEye (Greenhouse Theory is false. Totally debunked. "GH gases" is a non-sequitur.)
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To: circlecity

And Breitbart, for effect, should use a team of all-black lawyers and try to get a black judge for a bench trial.


24 posted on 07/29/2010 12:43:56 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: Steely Tom

I think she comes out the big loser. She has no damages that I can see. What she risks is a broad airing of her victory in her case against USDA, where she and her group settled for 13 million in taxpayer dollars. She and her husband got an additional 300K for their alleged suffering.

I dont think it will play well, nor will an airing of other dumb things she has said. She equates Republican with racist, the more she talks the more she sounds less like a racial healer and more like a real loon. JMHO.


25 posted on 07/29/2010 12:44:04 PM PDT by freespirited (There are a lot of bad Republicans but there are no good Democrats.--Ann Coulter)
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To: SeekAndFind
So, now it's against the rules to expose a black racist? That's all Breitbart did, after all.

By rights, she should be suing Vilsack and the USDA - oh, but she's already done that before on another racebaiting charge.

What statute covers this case, the "thin skin" law? All that Breitbart did was embarass her - which she deserved based on her remarks in the tape.

The NAACP bellowed for weeks about all of the "racists" in the TPM, but none could prove it...all Breitbart did was actually PROVE there were racists in the NAACP.

Here's the advice they need to take next time..."Don't start nothin', and there won't be nothin'".
26 posted on 07/29/2010 12:44:04 PM PDT by FrankR (It doesn't matter what they call us, only what we answer to....)
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To: HiTech RedNeck

Once again I think they’re simply trying to pull us off the black pamper case.


27 posted on 07/29/2010 12:44:33 PM PDT by cripplecreek (Remember the River Raisin! (look it up))
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To: Wicket
Everything we have come to know and learn about Shirley Sherrod, the process and approach she means to take, all is quite logical, procto-logical that is.
28 posted on 07/29/2010 12:45:09 PM PDT by lbryce (Obama Notwithstanding, America's Best Days Are Yet To Be .)
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To: Tublecane

This is like the NAACP not bothering to look up “niggardly” in a dictionary.


29 posted on 07/29/2010 12:45:21 PM PDT by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: SeekAndFind; All
Why isn't she suing the NAACP and the obama administration????
30 posted on 07/29/2010 12:46:26 PM PDT by Red in Blue PA (Anti-Gunners suffer from Factose Intolerance)
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To: SeekAndFind

This is excellent IMO.

It keeps this Sherrod hypocrite in front of the people and exposing the NAACP, White House and all of the racist marxists for what they are.

GO BREITBART!


31 posted on 07/29/2010 12:46:51 PM PDT by paulycy (Demand Constitutionality: Marxism is Evil.)
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To: SeekAndFind

Well excellent. He gets to go through ALL her stuff during discovery.


32 posted on 07/29/2010 12:47:35 PM PDT by Kozak (USA 7/4/1776 to 1/20/2009 Reqiescat in Pace)
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To: Steely Tom

33 posted on 07/29/2010 12:48:15 PM PDT by Red in Blue PA (Anti-Gunners suffer from Factose Intolerance)
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To: SeekAndFind

She might have a case against Vilsack. He fired her before the story even broke, and he said he was firing her for fear of what Glenn Beck would do with the story.

If she wants to sue, there’s her target. Breitbart didn’t do anything to her, Vilsack did.

Now, Vilsack said that he fired her in part because he was trying to move forward having dealt with thousands of discrimination lawsuits. He didn’t mention directly that one of the biggest ones was Sherrod’s lawsuit that cost his department $13 million dollars. It seems strange that she would be working for a department that she also successfully sued for $13 million.

I’m not sure how much of the thirteen million was her share. She and her husband were awarded $300k, and also I believe a piece of the 13 million, but I’m not sure how many ways the money was divided out. Still, seems like a conflict of interest on her part, and also seems like Vilsack may have had other reasons for wanting her gone.


34 posted on 07/29/2010 12:48:41 PM PDT by marron
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To: HiTech RedNeck

Don’t get carried away. The last time I remember the black community saying “trust us” was when the prosecutor was picking OJ’s jury.


35 posted on 07/29/2010 12:49:26 PM PDT by henkster (A broken government does not merit full faith and credit.)
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To: SeekAndFind

I watched a clip of her on another site, where she is a guest on The View and I swear I thought Joy “The Pig” Behar and some other guest were going to fight over Sherrod. You could see the hate in her eyes when Elizabeth was speaking.


36 posted on 07/29/2010 12:49:33 PM PDT by timeflies
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To: SeekAndFind

In her full transcript she actually proves Breitbart’s case, when she accuses Repubs of being racists for opposing health care.

So, while allegedly proving that she no longer sees the world through racial lenses, she actually proves the reverse. She is not capable of seeing the world any other way.


37 posted on 07/29/2010 12:51:59 PM PDT by marron
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To: Le Chien Rouge

LOL!There has to be some stigma attached to that line of work- When someone says to you, “My Johnny just got accepted to LAW SCHOOL!!!!”, just say “Oh. Really..now” as COLDLY as you possibly can;)


38 posted on 07/29/2010 12:53:30 PM PDT by Frank_2001
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To: SeekAndFind

Excellent — I hope he counter-sues over the false and slanderous claims/charges she’s made about him on her little public pontification tour.


39 posted on 07/29/2010 12:54:21 PM PDT by MozarkDawg
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To: SeekAndFind

Get whitey.


40 posted on 07/29/2010 12:54:38 PM PDT by hsrazorback1 (Seek truth.)
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To: SeekAndFind

Suicide by litigation.

Both career and reputation...


41 posted on 07/29/2010 12:55:28 PM PDT by Chasaway (Tonto: "What do you mean "We", White Man?")
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To: SeekAndFind

“This lawsuit will make a big splash and keep the story alive for a while, but its value is strictly limited to PR.”

In my opinion, this is what this lawsuit is all about. She is trying to stay relevant in an environment no longer falling for the race card. She is probably receiving financial incentives from someone to keep this story going as a distraction to whatever else the administration has up their sleeves. And one can only speculate what kind of internal psyche reward she is receiving from being important to someone for let’s see oh about 48 hrs!


42 posted on 07/29/2010 12:56:39 PM PDT by ebersole
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To: whence911
Yeah, he’s the one who fired her without doing an investigation.

Which would have included asking Ms. Sherrod why she thought it necessary to provide him with a head's up warning via email that this video existed FOUR DAYS before it aired.

43 posted on 07/29/2010 12:56:39 PM PDT by MozarkDawg
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To: MozarkDawg

I hope he comes out hitting the NAACP aka DNC harder with more videos!


44 posted on 07/29/2010 12:57:53 PM PDT by ebersole
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To: SeekAndFind

Bring it on.


45 posted on 07/29/2010 12:58:34 PM PDT by Hattie
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To: SeekAndFind

Countersue her.


46 posted on 07/29/2010 1:00:30 PM PDT by LowTaxesEqualProsperity
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To: SeekAndFind

She has to prove personal malice; he has to prove her stupidity. There will be other statements/deeds.


47 posted on 07/29/2010 1:00:52 PM PDT by Mike Darancette (Socialism is the philosophy of failure, - W Churchill)
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To: SeekAndFind

40 acres and a mule, my as*!


48 posted on 07/29/2010 1:02:15 PM PDT by lbryce (Obama Notwithstanding, America's Best Days Are Yet To Be .)
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To: marron
In her full transcript she actually proves Breitbart’s case

In the initial excerpt aired by Breitbart, the reaction of the NAACP proves his case, his intent in airing the video in the first place. It had nothing to do with her, but for the fact that what she was saying demonstrated the inherent racism in that crowd. She cannot show Breitbart defaming her, damaging her, nothing to do with her. Her tort, if she had one, is with Vilsack.

49 posted on 07/29/2010 1:03:07 PM PDT by MozarkDawg
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To: SeekAndFind
...but told a crowd at the National Association of Black Journalists

She sure goes to a lot of black-only events for someone who "is not a racist." Just sayin'...and of course the "journalists" will get the word out for her. How convenient.

50 posted on 07/29/2010 1:03:55 PM PDT by La Enchiladita (cute taglines don't seem to fit the current predicament)
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