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View Diary: Andrew Breitbart's Bad Week Just Got Badder (182 comments)

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  •  Defamation cases are tough to win (1+ / 0-)
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    Especially if Sherrod is considered a public figure.  Overlayed by the whole freedom of speech question.

    •  Was Sherrod considered a public figure before? (3+ / 0-)
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      wasatch, dougymi, AnnetteK

      I don't think she was. The doctored video essentially made her into one. Conceivably, that could be hung around Breitbart's neck, too, couldn't it?

      "You with your big words, and your...small, difficult words!" -- Peter Griffin

      by Penny Century on Mon Feb 20, 2012 at 07:02:05 PM PST

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      •  Did you hear of her BEFORE the videotape? (2+ / 0-)
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        Deep Texan, AnnetteK

        Neither did I. His lawyers probably could argue she was a vortex public figure as both an official in USDA and because she was a plaintiff in the Pickford case. OTOH, her lawyers would argue that before the videotape, she was just another anonymous bureaucrat and a some person who just happened to be a party to a lawsuit against the government.

    •  I don't know much about defamation anymore, but... (2+ / 0-)
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      dougymi, AnnetteK

      Wouldn't it matter that Sherrod was a private figure at the time the statements were made?  I'm assuming that she's proceeding based on the initial video release?

      Still, even with that, I agree that those cases are really an uphill battle.  Still, it's unique in that this is the rare case where even a public figure may be found to have been defamed with Times malice.  It's very uncommon that these things proceed on a demonstrable untruth, although I suppose a certain cautious perspective might even find to be an excerpt, even a viciously misleading excerpt, to not be an out-and-out untruth.

      "What Washington needs is adult supervision" - Barack Obama

      by auron renouille on Mon Feb 20, 2012 at 08:55:25 PM PST

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    •  Well, (4+ / 0-)
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      AnnetteK, alizard, joe wobblie, Woody

      he's essentially admitted that he was out for revenge against NAACP, so "actual malice" is pretty much cut and dried.

      Ask your barista what her degree is in.

      by happymisanthropy on Mon Feb 20, 2012 at 09:25:28 PM PST

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