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Newsweek: Shirley Sherrod Says She Will Sue Andrew Breitbart

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And the plot thickens: Newsweek via AP reports that Shirley Sherrod will sue Andrew Breitbart who released an edited video to make it appear as if she had made racist remarks

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  • Phelps

    Going to be interesting to see what her cause of action is. Can’t be libel, she’s a public figure (government executive), so she would have to prove actual malice AND an untruth (and “it’s out of context” isn’t an untruth). Copyright won’t get here there, since it was obviously newsworthy and therefore fair use (and in that event, she MIGHT have had a cause if he reproduced the entire tape.)

    I just can’t see a tort that she has any hope of prevailing on… and before that can happen, Breitbart gets to start discovery, and a chance to try to drag the NAACP in as a third party and conduct discovery on THEIR records.

    This whole thing just sounds like a horribly bad idea for her, unless it’s a completely empty threat. Filing a suit is just going to make it worse on her.

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