WASHINGTON (AP) — 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.
“What happened here is what happens in journalism every day,” said Bruce Brown, a lawyer for O’Connor.
Sherrod’s lawyers disagree and say dismissal under the District of Columbia statute would violate their right to a trial. The video on Breitbart’s website turned out to be edited, and when Sherrod’s full speech to an NAACP group earlier that year came to light, it became clear that her remarks about an initial reluctance to help a white farmer decades ago were not racist but an attempt at telling a story of racial reconciliation. Once that was obvious, Sherrod received public apologies from the administration — even from President Barack Obama himself — and an offer to return to the Agriculture Department, which she declined.
Sherrod’s 2011 lawsuit says the incident affected her sleep and caused her back pain. It contends that she was damaged by having her “integrity, impartiality and motivations questioned, making it difficult (if not impossible) for her to continue her life’s work assisting poor farmers in rural areas” even though she was invited to return to the department.
The video was posted amid ongoing friction between the NAACP and the tea party movement, each of which were accusing the other of having racist elements among their ranks. Breitbart said at the time that the video showed the NAACP condoning racist comments from a government official.
The full video, however, shows Sherrod explaining to the audience how she eventually became friends with the farmer and helped him save his land from foreclosure.
Brown, the lawyer for O’Connor, defended the bloggers’ actions and said the suit should be dismissed under the anti-SLAPP law, designed to prevent strategic lawsuits against public participation, because Breitbart’s post was opinion. “She was a public official who saw the world through a racial prism,” Brown said of Sherrod.
The case has been closely watched as a test of the District of Columbia’s anti-SLAPP statute.
Brown asked the three judges to consider the precedent this case would have.
“It is in courts like this where First Amendment law is made,” he said.
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This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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