Federal Judge Chides Andrew Breitbart for ‘Overreaching’ in Shirley Sherrod Lawsuit

Judicial displeasure expressed
Wingnuts • Views: 36,103

Things aren’t going very well for Andrew Breitbart in the defamation lawsuit filed against him by former USDA official Shirley Sherrod, and now Breitbart and his lawyers have been scolded by U.S. District Judge Richard Leon (a George W. Bush appointee): Federal Judge: Blogger Likely ‘Overreaching’ With Anti-SLAPP Motion.

In a new filing (PDF) this afternoon, U.S. District Judge Richard Leon expressed his displeasure with a decision by defendants in a defamation lawsuit to appeal his denial of their motion to dismiss.

At issue is former U.S. Department of Agriculture official Shirley Sherrod’s defamation lawsuit against blogger Andrew Breitbart and one of his colleagues, Larry O’Connor. Sherrod sued both men in Washington federal court in Feb. 2011, claiming they posted a deceptively edited clip of Sherrod online that eventually got her fired.

Breitbart and O’Connor moved to dismiss the case under a District of Columbia law barring strategic lawsuits against public participation, or SLAPPs. The anti-SLAPP law is designed to stop litigation aimed at chilling protected speech. Leon denied the motion in July in two-sentence minute orders. After the defendants’ appealed, the U.S. Court of Appeals for the D.C. Circuit asked Leon on Feb. 7 to explain his decision.

In the statement of reasons filed today, Leon said he denied the motion because the law, which went into effect last March, couldn’t be applied retroactively to Sherrod’s case, which was filed the month before. Even if the law could be applied retroactively, Leon wrote that the defendants missed their time window to file the motion.

“Regrettably,” Leon wrote, “it appears that the defendants will not be satisfied with this Court’s ruling until a considerable amount of additional judicial and litigant resources are expended on its ‘novel,’ if not overreaching, motion.”

Jump to top

Create a PageThis is the LGF Pages posting bookmarklet. To use it, drag this button to your browser's bookmark bar, and title it 'LGF Pages' (or whatever you like). Then browse to a site you want to post, select some text on the page to use for a quote, click the bookmarklet, and the Pages posting window will appear with the title, text, and any embedded video or audio files already filled in, ready to go.
Or... you can just click this button to open the Pages posting window right away.
Last updated: 2021-06-05 2:51 pm PDT
LGF User's Guide RSS Feeds Tweet

Help support Little Green Footballs!

Subscribe now for ad-free access!Register and sign in to a free LGF account before subscribing, and your ad-free access will be automatically enabled.

Donate with
PayPal
Cash.app Shop at amazon
as an LGF Associate!
Recent PagesClick to refresh
Train Songs Nine
A hollow voice says Vaccinate the world!
4 days, 16 hours ago
Views: 325 • Comments: 0 • Rating: 0
Tweets: 0 •
Train Songs Eight
A hollow voice says Vaccinate the world!
4 days, 16 hours ago
Views: 367 • Comments: 0 • Rating: 0
Tweets: 0 •
Train Songs Seven
A hollow voice says Vaccinate the world!
4 days, 16 hours ago
Views: 314 • Comments: 0 • Rating: 0
Tweets: 0 •
Train Songs Six
A hollow voice says Vaccinate the world!
4 days, 16 hours ago
Views: 312 • Comments: 0 • Rating: 0
Tweets: 0 •
Train Songs Five
A hollow voice says Vaccinate the world!
1 week, 4 days ago
Views: 639 • Comments: 0 • Rating: 6
Tweets: 0 •
Train Songs Four
A hollow voice says Vaccinate the world!
1 week, 4 days ago
Views: 633 • Comments: 0 • Rating: 4
Tweets: 0 •
Train Songs Three
A hollow voice says Vaccinate the world!
1 week, 4 days ago
Views: 584 • Comments: 0 • Rating: 4
Tweets: 0 •
Snarky Puppy - Trinity (Extended Version) Snarky Puppy never lets you down, they always come out bright and enthusiastically high on the sounds. Snarky Puppy - Trinity (Extended Version)From Snarky Puppy's new album, Empire Central (September 2022, GroundUP Music)Stream/Buy: orcd.co Written by Mark LettieriArranged by ...
Thanos
2 weeks, 3 days ago
Views: 832 • Comments: 0 • Rating: 2
Tweets: 2 •