- The Washington Times - Sunday, July 25, 2010


The national discourse on race continues to barrel forward a week after Andrew Breitbart brought global attention to video footage of former Agriculture Department official Shirley Sherrod appearing to make a racist remark at an NAACP event. Now for part two — the legal implications. Will Mrs. Sherrod sue Mr. Breitbart? The dynamics are as complex as the story itself.

“Defamation cases for public officials like Ms. Sherrod are tough. At the end of the day, she will have to prove that what Mr. Breitbart published was false,” litigation lawyer Mitchell Langberg tells Inside the Beltway.

Mr. Langberg works at Brownstein Hyatt Farber Schreck — a Los Angeles legal firm specializing in First Amendment, defamation and entertainment law that has “successfully” represented Martha Stuart, Kevin Costner, Aretha Franklin, Stevie Wonder, Rodney Dangerfield, Berry Gordy and Carol Burnett.

“My colleagues and I have handled many of these kinds of cases. In our experience, if it was false and if Breitbart knew it was false or had serious doubt about its truth, he could find himself on the losing side of a very substantial jury verdict in the next 18 months or so,” Mr. Langberg continues.

“You simply cannot take a small part of somebody’s statements out of context and broadcast them to the world in a manner that conveys a false message about their character. As a result of all of this, Sherrod lost her job, was branded a racist and has had her reputation tarnished in ways that she can never know. If she can prove her case, I would not be surprised to see a seven-figure jury verdict.”

Wait, there’s more about the potential case of Sherrod vs. Breitbart.

“If she ends up suing this blogger, she’s going to have a tough time in court,” says Dallas attorney Clint David. “First, it could be argued that she’s a public figure. Second, this blogger rebroadcast statements made in a public meeting. Third, the court is going to want to see malice or a reckless disregard for the truth. Can she prove that this was done with the intent to defame her?”


A new phrase has emerged in the Shirley Sherrod “videogate” aftermath to compete with “mainstream media” and “lame stream media.” And that would be the “blame stream media,” just coined by Townhall.com columnist Doug Giles.


“House Speaker Nancy Pelosi recently asked me if I would design a limited edition tote bag. With everything Speaker Pelosi has done to move our country forward, I was more than happy to oblige,” exclaims designer Diane von Furstenburg, who has produced a patriotically colored “Team Pelosi” bag priced at $65, with all funds donated to House Democrats.

“I guess the Democrats couldn’t handle not being the ‘tea bag’ party, so they decided to be the ‘tote bag’ party instead,” observes Beltway reader Scott E. Hutch, who brought the fundraiser to our attention.

“A tote bag. How very ‘NPR’ of them. And the best part is, they apparently don’t get the double entendre of ‘limited edition’ in this case. Ahem, you mean, perhaps, as in ‘term limited,’ Madam Speaker?” Mr. Hutch asks.


Story Continues →