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1 Slap  Wed, Apr 20, 2011 7:40:34am

I'm willing to wait and see how this all shakes out, but this little case seems to have intense implications. It appears that the defendants are attempting to lay the groundwork for a legal blessing of propagating deliberately-distorted information without fear of penalty, and the undermining or elimination of a wronged party's ability to claim and collect damages in such cases.

If the court sides with the defendant bipeds, I suspect we'll be on the express train to Disinformationland.

If the court sides with Ms. Sherrod, we're in for a long, long night of completely distorted wingnut victim outrage, as they utilize their freedom of speech to whine about how their freedom of speech has been trampled.

Does anything other than vile, diseased muck follow in this dipshit's wake?

Crap.

Oh, and good morn, and a fine 4/20 to all....

2 Randall Gross  Wed, Apr 20, 2011 8:01:52am

re: #1 Slap

I think it will come down to the usual questions of willfull vs. ignorant, and malice vs objectivity.

By arguing for a right to be willfully wrong Breitbart bypasses the first point and goes right for the malice...

3 Kronocide  Wed, Apr 20, 2011 8:18:27am

Sounds like at the very least, Breitbart just admitted to completely misinterpreting Sherrod. It's the foundation for his defense.

4 What, me worry?  Wed, Apr 20, 2011 9:35:16am

Breitbart also seems to spend an inordinate amount of paper in his motion to dismiss arguing the meaning of the word "racist" (always in quotes) pretty much saying, if I'm reading it right, that the word is subjective and can't actually be proven. Riiighht...

Here's Sherrod's complaint (PDF).
[Link: static1.firedoglake.com...]

I think she has one hellofa good defamation suit. These things are really hard to prove. I so hope she teaches him a lesson, right in the pocketbook where it'll hurt the worst. Let the wingnuts scream. And let them be careful next time they lie about someone.

5 wrenchwench  Wed, Apr 20, 2011 10:35:45am

re: #3 BigPapa

Sounds like at the very least, Breitbart just admitted to completely misinterpreting Sherrod. It's the foundation for his defense.

The "stupid" defense? He's got a case if anyone has (which I'm not sure they do, but it did work for my mother once.)

If part of Breitbart's defense is that he was able to draw a potentially correct conclusion from an edited bit of tape, I think that opens up all his other video work, including that done by associates such as James O'Keefe, to the discovery process. I hope so.

6 thecommodore  Wed, Apr 20, 2011 11:21:58am

I think, given Breitbart's record - ie posting the O'Keefe ACORN videos, which the California Attorney General (and now Governor Jerry Brown) concluded were edited to omit information that showed ACORN's innocence - Sherrod has a good case for malice aforethought. However, since she was offered another job by DoA, it'll be hard for her to show how this episode damaged her long term, other then embarrassment/emotional distress. Which is a shame because if anyone deserves to be smacked down hard, it's Breitbart.

7 Mad Prophet Ludwig  Wed, Apr 20, 2011 11:31:16am

I think that Breitbart's statements before the event - about getting even with eh Obama Administration and "exposing racism" coupled with his tapdancing afterwords, will show proof of malice directly. I think the fact that the tape was clearly edited to say the exact opposite of what was actually said is prima facie evidence of lying and malice in of itself.

The calls for her resignation were pretty malicious as well.

Unless Breitbart gets a jury of three Klansmen, four Teabags, a delusional paranoid schizophrenic, a neo-nazi and three neo-cons who know they are lying but see this as a game that must be won, i.e. a cross section of the current GOP base, Breitbart is utterly fucked. This is a good thing. A DC jury is not going to be sympathetic to his antics. Too bad he can't have the trial in Kentucky.

8 Slap  Wed, Apr 20, 2011 12:46:57pm

re: #7 LudwigVanQuixote

Too bad he can't have the trial in KentuckyMississippi.

FTFY.

(Yeah, I know -- it's splitting hairs. But since I have few of my own, I enjoy splitting them when I see 'em!)

9 Slumbering Behemoth Stinks  Wed, Apr 20, 2011 1:38:46pm

I look forward to seeing this blowhard taken down a peg.

10 moderatelyradicalliberal  Wed, Apr 20, 2011 3:48:28pm

re: #9 Slumbering Behemoth

I look forward to seeing this blowhard taken down a peg.

He's already down a peg and that's his problem. Breitbart blames his failures in Hollywood as a screenwriter on liberals who hated him for being a conservative. Like most narcissistic assholes he's never considered that he didn't have enough talent as a writer, alienated people with his personality or both.


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