[net-gold] JOURNALISM : SOCIAL ISSUES: RACISM : UNITED STATES: GOVERNMENT : LAW: CASES: Does Shirley Sherrod Have a Solid Legal Case Against Breitbart?
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- Date: Sat, 31 Jul 2010 03:12:01 -0400 (EDT)
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JOURNALISM : SOCIAL ISSUES:
RACISM :
UNITED STATES: GOVERNMENT :
LAW: CASES:
Does Shirley Sherrod Have a Solid Legal Case Against Breitbart?
Does Shirley Sherrod Have a Solid Legal Case Against Breitbart?
Posted by Dan Farber
July 29, 2010 8:09 PM
CBS News
<http://www.cbsnews.com/8301-503544_162-20012150-503544.html>
In a speech Thursday at the National Association of Black Journalists
convention, Shirley Sherrod said that she would "definitely" sue Andrew
Breitbart, who posted a video of her remarks given to a local NAACP group
that were taken out of context and made her appear racist.
Does she have a good case to bring against the conservative blogger and
publisher?
Jonathan Turley, a law professor at George Washington University, said
that the most obvious legal path would be "false light and defamation."
The Restatement Second defines the tort of false light:
652E. Publicity Placing Person in False Light
One who gives publicity to a matter concerning another that places the
other before the public in a false light is subject to liability to the
other for invasion of his privacy, if
(a) the false light in which the other was placed would be highly
offensive to a reasonable person, and
(b) the actor had knowledge of or acted in reckless disregard as to the
falsity of the publicized matter and the false light in which the other
would be placed.
Turley offered this further analysis of a suit based on "false light":
"This would certainly seem to be a case of intentional or reckless act. It
could also be claimed to be highly offensive to a reasonable person.
However, the editor can claim that the tape was meant to show not just the
racially loaded comments of a speaker but the reaction of the audience to
that portion of the speech. Moreover, Sherrod is still admitting to pretty
disturbing racial views in her earlier view of white farmers from the
1980s or 1990s. That is not an entirely complete defense, however, because
it still does not explain why the editor would cut out the point of the
story."
He also noted that as a public official or public figure Sherrod could be
held to a different standard, which could make it more difficult for her
to succeed in a "false light" suit.
<snip>
The sage Dean, who was embroiled more than 40 years ago in the Watergate
scandal, advised Sherrod to serve as her own counsel and take " delight in
going after a jackass like Breitbart, not to mention Fox News, to expose
what they are doing."
Will Sherrod Win Her Suit Against Breitbart?
By John Hudson on July 29, 2010 3:25pm
The Atlantic Wire
<http://www.theatlanticwire.com/opinions/view/opinion/
Will-Sherrod-Win-Her-Suit-Against-Breitbart-4516>
A shorter URL for the above link:
<http://tinyurl.com/2empe4p>
Sherrod May Very Well Win, writes Michael Yaki, an attorney and columnist
at The San Francisco Chronicle: "Defamation law clearly puts Breitbart in
a tough position. He deliberately aired a video that was edited in a way
to put Sherrod in a very bad light. Breitbart even said on Fox News that
the purpose of the tape was to show that racism existed in the NAACP, even
though the speech Sherrod gave was precisely the opposite -- it was about
overcoming prejudice and stereotypes. Before the tape, Sherrod was not a
public figure for whom a higher legal threshold of 'actual malice' would
be required, though in this case it would be hard to say that malice or a
reckless disregard to the truth wasn't present."
I Beg to Differ, writes Ed Morrissey at Hot Air: "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." Megan Friedman at
Time agrees: "It is unclear at this point what she will sue Breitbart for,
but she will probably have a tough road ahead of her. Years of precedent
show it's extremely difficult to win a case based on libel in the U.S."
Shirley Sherrod: Does she have a case against Andrew Breitbart?
Shirley Sherrod said Thursday that she 'will definitely sue' Andrew
Breitbart over the video that falsely portrayed her as a racist. The
lawsuit could be a landmark for the blogosphere.
By Patrik Jonsson, Staff writer / July 29, 2010
Christian Science Monitor
<http://www.csmonitor.com/USA/Politics/2010/0729/
Shirley-Sherrod-Does-she-have-a-case-against-Andrew-Breitbart>
A shorter URL for the above link:
<http://tinyurl.com/2f8v7jo>
The prospect of Ms. Sherrod, the no-nonsense former rural development
director for the Agriculture Department in Georgia, taking on one of the
bulwarks of the conservative blogosphere could rekindle the race debate
that largely flared out after Sherrod was vindicated.
Moreover, in a time when hyperpartisan Internet blogs and cable news
channels have begun to echo the pamphleteer days of America's founding
when partisans used phrases like "syphilitic bastard" against political
opponents the case could become a landmark, beginning to define the
limits of the largely unchallenged Internet press.
"Vigorous public debate is permitted by the court and people can't be
punished for an error made in good faith," says Gene Policinski, director
of the First Amendment Center in Nashville. "So there would be an
investigation into the good faith aspect of this."
Even without a lawsuit, many Americans are increasingly questioning the
veracity of news from online sources such as Mr. Breitbart's Big
Government website. "I think we're past those early days [on the Internet]
when we're excited to find 400,000 items about thumb tacks, and we're now
at the point of [asking], 'Do I believe what I really read about thumb
tacks?' " says Mr. Policinski.
Sherrod controversy about journalism, not race
Susan DeMersseman
San Francisco Chronicle
July 30, 2010 04:00 AM
Friday, July 30, 2010
<http://www.sfgate.com/cgi-bin/article.cgi?f=
/c/a/2010/07/29/EDTU1ELPL5.DTL#ixzz0vEvbbZ28>
A shorter URL for the above link:
<http://tinyurl.com/26ss244>
The controversy over the forced resignation of Shirley Sherrod at the USDA
has raised the issue of race in this country, but this story is not really
about race. It is about journalism and facts.
Whenever race is involved in a news event, it's too easy to see race as
the story. We are not colorblind in this society, but we are blinded by
color. Race became the story rather than the risks to our society by
pseudo journalists.
It's wonderful that anyone can blog to their heart's content.
<snip>
Maybe a few who blog get some tips that allow them to get a story out
first, but getting it right is what journalism is about.
When I listen to TV or radio news where the interviewer refuses to be
sidetracked and continues to ask the same question until an answer
emerges, I am grateful for his or her persistence and research. When I
read a piece in a newspaper that gives the facts and sources, and makes
the connections to the important issues in our lives, I am grateful.
Shirley Sherrod: 'I Will Not Give Fox An Interview, Period'
Huffington Post
<http://www.huffingtonpost.com/2010/07/29/
shirley-sherrod-fox-news-no-interview_n_664446.html>
"I will not give Fox an interview, period. They had their chance to get
the truth, and they were not interested," Sherrod told the National
Association of Black Journalists' convention in San Diego, according to
Richard Prince of the Maynard Institute for Journalism Education.
Sherrod praised CNN and the Atlanta Journal-Constitution's coverage of her
story, Prince reports, but said Fox came to the story determined to get
her fired.
Sherrod's Suit Against Breitbart May Be Hurt By Her Quickly Repaired
Reputation
First Posted: 07-29-10 06:19 PM | Updated: 07-29-10 06:19 PM
Sam Stern
Huffington Post
<http://www.huffingtonpost.com/2010/07/29/
sherrods-suit-against-bre_n_664307.html>
A shorter URL for the above link:
<http://tinyurl.com/29dw6ko>
In deciding to sue conservative Internet provocateur Andrew Breitbart for
libel, former Agriculture Department official Shirley Sherrod may end up
being harmed by the quick recuperation, even enhancement, of her
reputation following the scandal.
Several prominent First Amendment lawyers said on Thursday that Sherrod --
who was abruptly fired from her job after misleading video of her was
posted on Breitbart's website, biggovernment.com, has decent grounds on
which to sue.
"There are a lot of unknowns," said Victor Kovner, a highly respected 1st
Amendment lawyer for the firm Davis Wright Tremaine. "But let me say, from
what I know, it is not a frivolous suit."
But in a twist of irony, Breitbart's embarrassment may end up serving to
his legal advantage. For Sherrod's suit to be successful, a number of
different legal criteria must be met. That criteria changes depending on
whether the court rules that she was or was not a public official. But
assuming she was, Sherrod must show in part that she has been damaged or
harmed by the episode. And the mere fact that she is now held in such high
regard, owing to the sympathy generated by her treatment, could end up
complicating her case.
"It is an intriguing case," said Professor Stephen Solomon, a journalism
and First Amendment professor at New York University. "But I come back to
the point that she has resolved this in the court of public opinion pretty
quick. The point of a libel suit is to restore someone's reputation... she
was damaged very badly in the short term. But now everyone knows this is
false and she is not the person she was portrayed."
Michael Steele (Hearts) Andrew Breitbart But Shirley Sherrod (Sues) Him
by Ken Rudin
NPR
<http://www.npr.org/blogs/politicaljunkie/2010/07/29/128848656/
michael-steele-hearts-breitbart-but-shirley-sherrod-sues-him>
A shorter URL for the above link:
<http://tinyurl.com/33j3g7v>
My feeling about the entire Shirley Sherrod affair has been pretty
straightforward: everybody came away looking bad. The Obama
administration and the Agriculture Department, which initially forced her
resignation without knowing all the facts; the NAACP, which after its
dispute with the Tea Party needed to show that racism from anyone is
unacceptable and thus threw Sherrod under the bus; and the media, some of
which ran a doctored video of Sherrod's speech before an NAACP gathering
in Georgia without verifying the accuracy of the tape.
Some will argue that the most discredited of all was Andrew Breitbart, the
conservative activist who put the Sherrod video up on his Web site.
Breitbart has been a favorite on the right for his antics, be it
humiliating ACORN or getting Rep. Bob Etheridge (D-N.C.) to go ballistic
on camera. But the revelation that the Sherrod tape was heavily doctored
led many to question whether Breitbart has been similarly doctoring the
truth.
Apparently not everyone feels Breitbart is damaged goods. Talking Points
Memo this week revealed that Republican National Committee chair Michael
Steele has invited him as the featured speaker at a GOP fundraiser in
Beverly Hills next month.
Obama: Sherrod Affair a 'Bogus Controversy'
In a speech to the Urban League, the president also talked about his Race
to the Top program
By Caitlin Huey-Burns
Posted: July 29, 2010
U.S. News
<http://politics.usnews.com/news/articles/2010/07/29/
obama-sherrod-affair-a-bogus-controversy.html>
A shorter URL for the above link:
<http://tinyurl.com/2c9mbtl>
President Obama in a speech to the National Urban League Thursday called
the events leading to the firing of former Agriculture Department employee
Shirley Sherrod a "bogus controversy," and said his own administration is
partly to blame.
"She deserved better than what happened last week," Obama said to the
historic civil rights organization. Thursday's speech, intended to address
education issues, was the longest amount of time Obama has spent talking
about the Sherrod incident.
Sherrod plans to sue Breitbart
By the CNN Wire Staff
July 29, 2010 2:26 p.m. EDT
CNN
<http://www.cnn.com/2010/POLITICS/07/29/
sherrod.lawsuit.breitbart/?hpt=Sbin>
A shorter URL for the above link:
<http://tinyurl.com/2wrtj6v>
(CNN) -- Former Agriculture Department employee Shirley Sherrod said
Thursday she will pursue a lawsuit against conservative blogger Andrew
Breitbart.
<snip>
"I will definitely do it," she said when asked whether she was considering
legal action. Sherrod made her remarks during an appearance at the
National Association of Black Journalists convention in San Diego,
California.
Breitbart "had to know that he was targeting me," Sherrod said. "At this
point, he hasn't apologized. I don't want it at this point, and he'll
definitely hear from me."
<snip>
The controversy surrounding the clip led to a rush to judgment and
Sherrod's forced resignation. However, it was later determined that her
speech, unedited, focused on how the incident changed her outlook and made
her realize people should move beyond race. The incident occurred 24 years
ago, before Sherrod began working for the USDA.
She received an official apology from the USDA and a phone call from
President Barack Obama once the full text of her remarks came to light.
Sherrod has since been offered another position at the Agriculture
Department.
Obama said earlier Thursday that Sherrod "deserves better than what
happened last week." Speaking at a National Urban League conference in
Washington, Obama called the claim of racism against her "bogus."
"Many are to blame" for the reaction that followed, he said, "including my
own administration."
The complete articles may be read at the URLs provided for each.
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A shorter URL for the above link:
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Temple University
(215) 204 - 4584
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