Comment

Sherrod Will Sue Breitbart

19
Charles Johnson7/29/2010 9:19:41 am PDT

re: #7 Thanos

I think she should sue, but I don’t think she’s going to be able to win. You have to prove malice and she is a public figure. High bars there.

I’m not sure Sherrod qualifies as a public figure — she was virtually unknown before Breitbart’s smear job.

I agree, the bar for defamation is high. But in this case, the malice is pretty easy to demonstrate, as is the deliberate editing. And she can easily show damages, from the loss of her job and false portrayal of her as a “reverse racist.”

It will be interesting to see what comes of this. There’s no doubt in my mind that some kind of correction of the right wing blogosphere’s out of control smearing of their enemies is desperately needed. They’re insane and running amok.