re: #26 lawhawk

That’s going to be a tough one - Sullivan was not even publicly named in the Times v. Sullivan case, it was implied (he was Montgomery Public Safety commissioner). That was considered a public figure for the Court’s analysis.

Sherrod might fall under public official because of her role at USDA as Georgia State Director of Rural Development for the United States Department of Agriculture - or so Breitbart’s lawyers will attest, and they might well prevail on the merits of that argument.

That would make Sherrod’s legal arguments more difficult - the need to show actual malice although as I wrote above, the fact that Breitbart has previously stated his intentions to go after various institutions of the left by any means necessary is suggestive of malice.

Not only stated it, but acted upon that with the edited ACORN videos. They can establish a trail of unethical behavior.