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Breitbart to be sued by Sherrod
jps wrote in
: On Thu, 29 Jul 2010 22:37:20 -0400, wrote: On Thu, 29 Jul 2010 17:32:29 -0700, jps wrote: Breitbart is an asshole who should get his ass kicked but I imagine he will win on first amendment grounds. She's not a public figure and he targeted her specifically and unfairly characterized her in order to cause her harm. That isn't protected under the 1st amendment. Ha Ha, you poor dumb lame armchair lawyers. It will never get to 1st amendment, malice or anything else. Truth is complete defense to liable. Nothing he posted was untrue. The video was not edited, it was truncated. There is a huge difference. He showed part, but the part he showed was real. She said those remarks, and if she took them back five minutes later, that's her problem. And she admitted to being a racist when she met the farmer. Maybe she reformed, but again, too bad. And then there is the opinion defense which probably protects his written comments about her being a racist. And BTW, who the **** cares if she was a public figure when she made he speech, the question is, is she a public figure when the alleged libel was committed. If you're a public figure, the media can print stories that you cheated in 2nd grade with relative impunity (Bush snorted coke back in college and deserted the National Guard. BTW, did Dan Rather ever half to pay Bush on that one?) If you have any reason to believe it to be true, even if not, and the "victim" is a public figure, the public figure is screwed. Is Shirley Sherrod a public figure? HA! not even debatable. Of course she is! She's an appointed government official who's fitness for her position, not to metion whether she broke federal law by discriminating, has been called into question. This guy has so many defenses, the only issue is if he can't get backers and she buries him in legal fees. Otherwise, when the day is done, maybe on appeal, he wins hands down. You may hate him, I don't particularly like him, but don't kid yourself, he gets off. |
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