Right Wing Blogger (Breitbart) Must Face Sherrod Claim

[The Straight Story]

Right Wing Blogger Must Face Sherrod Claim

WASHINGTON (CN) - Former U.S Department of Agriculture official Shirley Sherrod's lawsuit against right-wing blogger Andrew Breitbart survived a motion to dismiss, clearing the way for her to pursue the high-profile defamation suit she filed against him and a colleague last year.

Sherrod Sued Breitbart and associate Larry O'Connor in February 2011, charging the two men posted a heavily editor clip of her online that led to accusations of racism and ultimately got her fired.

Breitbert filed his motion under the D.C. Anti-SLAPP Act, which provides that if a defendant can show the claim at issue arises from an act in furtherance of the right to free speech - and if the it is also related to an issue of public concern-he can file a special motion to dismiss.

But in a terse decision, U.S. District Judge Richard Leon tossed the motion, pointing out that the D.C. law that the motion was based on did not take affect until more than a month after Sherrod filed her defamation suit.

...

Only a day after the White House forced her resignation, the complete video of her speech surfaced, prompting apologies from President Obama and from Fox News talk show host Bill O'Reilly who said, "So I owe Mrs. Sherrod an apology for not doing my homework, for not putting her remarks into the proper context," Sherrod said. Judge Leon held that Breitbart's motion to dismiss, filed April 18, 2011, was filed two weeks after the deadline to file the special motion, and allowed Sherrod's case to proceed.

http://www.courthousenews.com/2012/02/17/44006.htm

[PSPS]

1. "take affect"

But in a terse decision, U.S. District Judge Richard Leon tossed the motion, pointing out that the D.C. law that the motion was based on did not take affect until more than a month after Sherrod filed her defamation suit.

Geesh. You'd think something called "Courthouse News Service" would have educated people on their staff.

[annabanana]

2. I hope she nails his sorry ass to the wall.

I have never seen a more repulsive piece of work than that hooligan.

[jsmirman]

3. This is encouraging

good for her for standing up to that anus boil.

[Cherchez la Femme]

4. Still, it's OK if it's a lie?!

"if a defendant can show the claim at issue arises from an act in furtherance of the right to free speech - and if the it is also related to an issue of public concern-he can file a special motion to dismiss."

[DCKit]

5. Despite the DC law, what he did was malicious.

And nothing he presented to the court of public opinion indicated that the video had been heavily edited to portray Ms. Sherrod in the worst light possible. I would hope the judgment to move forward with the case still would have been valid, regardless of the SLAPP law.

I hope this case slaps him back to living like a starving college student.

[Dragonbreathp9d]

6. He needs to behave himself

[Uncle Joe]

7. Kicked and recommended.

Thanks for the thread, The Straight Story.