WASHINGTON — A colleague of the late conservative blogger Andrew Breitbart is asking a federal court of appeals to throw out a defamation case brought against him by former government employee Shirley Sherrod, saying the lawsuit violates the blogger’s right to freedom of speech.
Sherrod was ousted from her job as an Agriculture Department rural development official in 2010 after Breitbart posted an edited video of Sherrod, who is black, supposedly making racist remarks. She sued Breitbart, his employee Larry O’Connor and an unnamed defendant for defamation and emotional distress after USDA officials asked her to resign and the video ignited a racial firestorm. Sherrod’s lawyers say the unnamed defendant is the person whom they believe passed the video on to Breitbart, though the person’s identity remains unknown.
Breitbart died unexpectedly a year ago, and his status in the case is unclear as his family does not appear to have notified the court of an estate that can be sued.
The case argued before the court of appeals Friday is one of the first high-profile federal lawsuits to test the freedom of speech rights of bloggers. Backed by large news organizations including the New York Times Co., Washington Post Co. and Dow Jones & Company, Inc., who have filed friend-of-the-court briefs in the case, O’Connor’s lawyers argued to have the case dismissed under a District of Columbia statute that aims to prevent the silencing of critics through lawsuits. A federal district court judge rejected their motion to dismiss, citing timing and jurisdictional issues, prompting the appeal.
The lawyers told the court of appeals that O’Connor and Breitbart, before he died, stood by the content, saying the blog post was opinion.
Read more at Official Wire. By Mary Clare Jalonick.
Photo credit: terrellaftermath
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Shirley Sherrod Owes Andrew Breitbart An Apology
Amy Ridenour, National Center for Public Policy Research
Shirley Sherrod falsely said Andrew Breitbart would “like to get us stuck back in the times of slavery. That’s where I think he’d like to see all black people end up again.” Then Sherrod said Breitbart is a racist, called Breitbart “vicious,” and then said Breitbart’s alleged racism is why he’s allegedly “so vicious against a black president.”
By contrast, Breitbart ran a video of Sherrod that, unknown to him, was out of context, and later, according to media reports, Breitbart expressed regret. Sherrod became nationally famous, lost her job, saw her reputation rehabilitated within a day, was offered a new job, had a private conversation with a President of the United States of whom she thinks highly, and is now a hero to many. I’d be very much surprised if she hasn’t received some lucrative speaking offers.
Ultimately, no harm, no foul.
Furthermore, while Breitbart didn’t know the famous first video was out of context, Sherrod has to know she has no evidence Breitbart wants “all black people” to be slaves. Publishing the video without checking it out first it was an error, but it was nothing personal against Sherrod, and an unintentional error. When Sherrod said Breitbart wants black people to be slaves she was being intentionally malicious and irresponsibly inflammatory.
There’s no doubt about it. When the scales are weighed, Sherrod’s offense is far greater. She owes Breitbart an apology.
I don’t expect he’ll get one.
Shirley Sherrod has also said opponents of ObamaCare are racists.
I don’t suppose we’ll get an apology, either.