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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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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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To: Clint N. Suhks
"She was for racism before she was against it anyway."

And from what I've heard from her in the past week she's for it again.

Maybe she could get appointed as an adviser to John Kerry?

51 posted on 07/29/2010 1:05:31 PM PDT by TheClintons-STILLAnti-American
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To: SeekAndFind

Go Shirley Go. Do it and prove to the world what a racist you are.


52 posted on 07/29/2010 1:06:17 PM PDT by Parley Baer
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To: SeekAndFind

Delicious!


53 posted on 07/29/2010 1:07:45 PM PDT by wilco200 (11/4/08 - The Day America Jumped the Shark)
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To: ebersole
I don't know how helpful that would be (but for how much we would appreciate it), but his lawyer would certainly be able to ask this woman why she felt she had to warn the head honcho that this tape was available for public air. What was she so worried about? Why did she think it would cause the AG Dept. trouble, to the point of telling the Secretary of its existence? What was he to do about it??

If it was oh-so-innocent and redeeming, a tale of "eyes opened" and enlightenment, why the head's up, Ms. Sherrod?

54 posted on 07/29/2010 1:07:47 PM PDT by MozarkDawg
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To: circlecity; All

I started thinking about the slew of lawsuits filed against Sarah Palin, while reading the comments here.

Is this a new tactic of the left? Sue those that threaten their world view, to hit them in the pocketbook?

It seems effective, as many will hunker down to avoid the expense of defending oneself in court. If Sherrod does take Breitbart to court, we Freepers should all pitch him to help him with the costs, and make it known publicly.

Of course, that would be “racist” of us, and probably get Jim R. sued as well. And, as an aside, how long before Charley Rangel’s defenders pull out the “race card”?


55 posted on 07/29/2010 1:09:03 PM PDT by jacquej
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To: marron
"Still, seems like a conflict of interest on her part, and also seems like Vilsack may have had other reasons for wanting her gone."

Maybe he actually had to spend time around her.

56 posted on 07/29/2010 1:09:56 PM PDT by TheClintons-STILLAnti-American
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To: SeekAndFind

Liberal law firms were probably stalking her begging her to let them pursue the case pro bono just to earn points with the high priests and parishioners of their religion.


57 posted on 07/29/2010 1:14:30 PM PDT by TheClintons-STILLAnti-American
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To: Steely Tom

I bet you are an excellent Chess player.


58 posted on 07/29/2010 1:14:39 PM PDT by DungeonMaster (My dad put his arm around me like that once, to this very day he wears orthopedic shirts.)
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To: TheClintons-STILLAnti-American

In the same speech she called tea partiers racist and later said Fox News wants African Americans to go back to looking down when they walk by whites and have them not get jobs.

She’s a racist through and through. And so is her husband.


59 posted on 07/29/2010 1:20:00 PM PDT by Clint N. Suhks (RIP Bahbah. Did you plug the damn border yet daddy! Palin/Cheney 2012)
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To: TigersEye
Some of the racism we thought was buried. Didn't it surface?

You can't bury racism, only racists.

60 posted on 07/29/2010 1:21:26 PM PDT by Mike Darancette (Socialism is the philosophy of failure, - W Churchill)
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