Home » Ousted Official Pledges Libel Lawsuit against Blogger

Aug

10

Ousted Official Pledges Libel Lawsuit against Blogger

Posted by meaghano | Posted in Personal Injury News

A former Department of Agriculture official who was fired as a result of unfair allegations by a controversial Internet figure may soon have her day in court.

Recently, Shirley Sherrod announced her intention to file a personal injury lawsuit against Andrew Breitbart, who posted a heavily edited video on his website that unfairly portrayed Sherrod as a racist. The portion of the video he posted showed Sherrod making comments about her initial reluctance to help a poor white farmer.

However, viewed in the context of her full speech, Sherrod clearly was not making racist statements. Rather, she was delivering a moving testimonial about the positive change in racial relationships she experienced through her work at the Department of Agriculture.

According to some experts, Sherrod may have a strong case against Breitbart, reports the Huffington Post. For starters, Sherrod experienced clear short-term damage from Breitbart’s irresponsible actions.

In the words of Professor Stephen Solomon, a First Amendment scholar at New York University, Sherrod “can probably prove some reputational injury in the legal sense, as she was fired and was depicted as a racist for a few days. That certainly hurt her reputation.”

Of course, there are some complications in the case that may prevent Sherrod from seeking damages. First, Sherrod’s reputation has been wholly restored after a media firestorm accused everyone from Breitbart to the Obama Administration of harming the innocent woman.

As Solomon observes, “I’d be surprised if there is any reasonable person now who believes that she’s a racist; in fact, much the contrary. She is written about with great respect.” As a result, it may be difficult for Sherrod to prove that her reputation suffered long-term damage.

Moreover, in order to win the case, Sherrod must prove both that the information Breitbart posted was false and that he deliberately posted such false information.

In his defense, Breitbart has claimed that he posted the portion of the video that he received from an anonymous source. Thus, he did not knowingly post a truncated version of the video, and thought he was posting the entire film.

In response, though, Sherrod can counter that he acted recklessly in posting what was obviously a heavily edited version of a much longer speech. At the very least, the irresponsible nature of Breitbart’s actions provide Sherrod ample hope for some legal relief.

Unfortunately, Sherrod’s nightmare is not an isolated incident. Across the country, many people are victims of false public allegations that unjustly damage their reputation. Further, most victims of character defamation do not have the power of a sympathetic national media to restore their reputation.

If you have been the victim of libel or slander, consider contacting a personal injury attorney to see if your claim has legal merit.

Share and Enjoy:
  • Digg
  • Sphinn
  • del.icio.us
  • Facebook
  • Google
  • E-mail this story to a friend!
  • LinkedIn
  • Print this article!
  • Reddit
  • Technorati

0

Post a comment

PAID ATTORNEY ADVERTISEMENT. THIS WEB SITE IS A GROUP ADVERTISEMENT AND THE PARTICIPATING ATTORNEYS ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. It is not a lawyer referral service or prepaid legal services plan. Total Injury is not a law firm. Total Injury does not endorse or recommend any lawyer or law firm who participates in the network. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. The information contained herein is not legal advice. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Any information you submit to Total Injury may not be protected by attorney-client privilege. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys. An attorney responsible for the content of this Site is Kevin W. Chern, Esq., licensed in Illinois with offices at 25 East Washington, Suite 510, Chicago, Illinois 60602. To see the attorney in your area who is responsible for this advertisement, please click here.

If you live in Florida, Mississippi, Missouri, New York or Wyoming, please click here for additional information.

The content found on the TotalInjury Blog is not legal advice and is purely for informational purposes. Total Injury, Inc. does not guarantee the accuracy, integrity or quality of submissions. The information provided by the bloggers on this site may not represent the opinions of the site editor(s), Total Injury, Inc. or its affiliates. The information contained herein is not a substitute for the advice of an attorney. For additional disclaimers, please visit our Terms & Conditions. All photos are of models and do not depict clients.