The controversy continues over a video of Georgia director of Rural Development Shirley Sherrod at the NAACP. Sherrod, and many supporters, have objected that the tape from the NAACP event was clearly edited to cut off her comments to mislead the viewers. Andrew Breitbart released the video but insists that he did not edit it. The question is whether Sherrod can sue over the video. Most criticism is focusing on Andrew Breitbart who released the video on his media sites. Raw Story released the full video without the editing. In response, Breitbart told Fox News “this is not about Shirley and Andrew.” He appears half right given the growing condemnations directed at him.
The video itself is certainly misleading as edited.
Sherrod immediately objected that the remarks were “misconstrued.” Nevertheless, she resigned after the video was made public and was denounced by both the NAACP and Secretary of Agriculture Tom Vilsack. She claims that she was forced to resign by the White House. The White House later issued an apology to Sherrod.
UPDATE: Vilsack has apologized to Sherrod and offered her a “unique position.”
The NAACP has now retracted the original statement below.
This video shows Sherrod recounted “the first time I was faced with having to help a white farmer save his farm” and how she viewed the farmer as trying to be “superior” to her while she controlled the money for such farmers.
“He had to come to me for help. What he didn’t know while he was taking all that time trying to show me he was superior to me was I was trying to decide just how much help I was going to give him . . . I was struggling with the fact that so many black people have lost their farmland and here I was faced with having to help a white person save their land — so I didn’t give him the full force of what I could do. I did enough.”
She notes that, to avoid any later complaints, she said she took him to see “one of his own” — a white lawyer” “I figured that if I take him to one of them, that his own kind would take care of him.”
Media Matters has responded to the story and accused Breitbart of misleading people on the story. They note that Sherrod was telling a story she had described took place decades ago when she worked for the Federation of Southern Cooperative/Land Assistance Fund. The video reportedly excluded the fact that Sherrod spoke of how she went on to work with and befriend the man. She is quoted as saying at the end of the story: “And I went on to work with many more white farmers,” she said. “The story helped me realize that race is not the issue, it’s about the people who have and the people who don’t. When I speak to groups, I try to speak about getting beyond the issue of race.”
This account is supported by the farmer’s wife who credited Sherrod with saving their land. For the video interview, click here.
There is no question that the edited material left a false impression as to the point of the speech. Before getting to the possible legal consequences of such editing, it is important to note that the added material is redeeming but still leaves some disturbing racial elements in the speech. First, the video appears to show a few members of the audience responding positively to the racially-loaded portions of the speech, though that is subject to interpretation. Moreover, these audience comments are not made by Sherrod. However, it is disturbing to hear positive reactions to that portion of the speech. One possible interpretation is that the audience understood where she was going with the speech or was simply encouraging her in a build up to the crescendo of the speech. Second, Sherrod clearly states that roughly 20-25 years ago, she was viewing individuals in strikingly racial terms. That would put this story around the late 1980s and 1990s. It is pretty shocking to hear that Sherrod was still thinking of that white should work with their “own kind” and viewed the case in largely racial terms. The ultimate result of Sherrod overcoming race is commendable, but I have to say that I do not agree that it fully answers the concerns about this story. I would be very disturbed to hear that a white politician was in 1986 uncomfortable with fully assisting black people and actively sought to have “one of their kind” help them. It may be a sign of my age, but 1986 doesn’t feel that long ago and I would have been appalled to hear such views at that time. Moreover, the racial elements of the speech seemed to in part explain the earlier view in light of how black farmers were being treated. In defense of Sherrod, it has been noted that she was working for the Federation of Southern Cooperative/Land Assistance Fund, which specifically aids black farmers.
Putting aside this issue, the editing was clearly intended to make the story worse than it was. She uses the racially loaded story to explain that “That’s when it was revealed to me that it’s about poor versus those who have.” That is a very different story where she was trying to explain how she learned to overcome racial sentiments. Other leaders like the late Henry Byrd Jr., made similar redemptive speeches. While I am still bothered by the fact that this was a revelation in the 1980s or 1990s (as opposed to the 1950s or 1960s), it is still a very different story than shown on the video released by Breitbart.
The question is whether there is legal recourse for such editing. There is but it is not easy. An employment action based on being pressured to resign is doubtful. Company and government lawyers often prefer employees to resign because it effectively waives a host of statutory and common law protections. Sherrod herself has stated that she is not sure she even wants her job back. It would have been a far stronger case if she had forced termination proceedings. However, at least one expert thinks she might have a case under employment law.
John Dean wrote a terrific piece on this issue.
The most obvious claims would be false light and defamation.
The Restatement Second defines the tort of false light:
652E. Publicity Placing Person in False Light
One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if
(a) the false light in which the other was placed would be highly offensive to a reasonable person, and
(b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.
This would certainly seem to be a case of intentional or reckless act. It could also be claimed to be highly offensive to a reasonable person. However, the editor can claim that the tape was meant to show not just the racially loaded comments of a speaker but the reaction of the audience to that portion of the speech. Moreover, Sherrod is still admitting to pretty disturbing racial views in her earlier view of white farmers from the 1980s or 1990s. That is not an entirely complete defense, however, because it still does not explain why the editor would cut out the point of the story.
False light cases have resulted in high damages against news organizations as in this case. However, this verdict was later overturned, which rejected the very use of false light as a tort action.
Some states have curtailed or abandoned false light because such cases can be properly heard in defamation cases. In this case, Sherrod would be considered a public figure or limited public figure. As such, she would need to prove that the editor or people like Breitbart acted with knowledge of the falsity or reckless disregard of the falsity. The question is whether it was false in terms of what was intended to be shown. The editor could claim that he or she was seeking to show the racial elements at the NAACP in response to that organization’s criticism of the Tea Party. That is the position taken by Breitbart in interviews in response to outrage over his role in the controversy,here
Of course, if Sherrod were to sue, she would likely make it past initial motions to dismiss and could secure embarrassing discovery in the case, including possible internal emails and communications on the purpose of the editing and release of the video.
Andy B.–
You offer Buddha a job–and not moi? What are you–a sexist and an ageist? The chubby green guy gets an offer–the retired female gets ZIP! Do I have grounds for a lawsuit…I wonder???
Buddha is Laughing:
thank you for at least considering the offer. These friggen conservatives need to learn some debating skills. For Christ sake you are explaining logical fallacies to TraderB, he told me he could handle “light” work. Yeesh you would think I would have learned with O’Keefe. Maybe mom was right when she used to say “Andrew become a doctor, politics and journalism isn’t your strong suit”.
Elaine M.
Dam right he is and it is costing me a pretty penny, only it doesn’t seem like I am getting my monies worth. Go easy on him and I will give you a piece of his action.
roflmao!
Dear Andy B.,
I appreciate the offer and while you have an impressive stable of zeros, I don’t think you have enough zeros on that check to make me consider the offer.
Again, thanks for the offer!
As ever, one lives to be of service.
BIL
TraderB–
Are you attempting to absolve Not-So-Brightbart of any wrong-doing in regard to the Sherrod incident?
TraderB:
you are doing a “really great” job defending me, thanks for nothing. I am canceling the check I made out to you because Buddha is Laughing and Elaine have cleaned your clock.
Buddha is Laughing I am firing TraderB and need to replace him, would you be willing to come work for me?
Slarti,
Oh I have no doubt it’d be (as they say in the South) both a “hoot and a holler'”.
He could of course resolve this issue by revealing his most likley non-existent source. It’s established Breitbart isn’t a journalist but it’s not like that would do him any good either in court. He could still be compelled to reveal his “source” as there is no Federal journalist shield law.
Buddha,
It might even be more fun that the birther lawsuits. 😉
Again, an omission of context is still a lie of omission.
And if he’s claiming to be a reporter, which which also be hilarious given his track record, there is a term he should familiarize himself with that prevents lies of contextual omission: due diligence.
It would be hilarious given his track record.
Hilarious for us.
The question should be whether Breitbart could prevail in a lawsuit against CNN, since they stated that their re-edited tape was his. It would be hilarious if he sued the MSM media and the bloggers who have been telling lies about him.
This is the tape shown on CNN. Compare the two:
http://www.cnn.com/2010/POLITICS/07/19/agriculture.employee.naacp/index.html?iref=allsearch
Breitbart did not edit the tape. It was sent to him by someone from GA, who did not want to jump into the fray.
As if there is any doubt who holds Breitbart (and by extension the Tea Baggers) leash, this should put an end to it.
TPM Exclusive: Steele To Hold RNC Event — Co-Starring Andrew Breitbart
Elaine M,
The point I was trying to make is that the Breitbart tape has the redemption, mentioned by Professor Turley on it. If the White House had listened to it in its entirety, they would not have fired Sherrod. O’Reilly admits that he did not watch the whole tape before the show on Monday night and apologized. However, she had already been fired before it aired, so it had no effect.
For those who want to get their heads out of the sand, they can watch it. The redemption begins at 1:44. I watched it Monday morning and immediately got her point. It seemed like a typical tale of redemption told in Southern churches. I was completely appalled when I heard she had been fired.
http://biggovernment.com/abreitbart/2010/07/19/video-proof-the-naacp-awards-racism2010/
Breitbart’s point was that the NAACP audience was murmuring approval of the racist portions. However, it is hard to tell. He may not be familiar with the call and response used in black churches. He also did not know that the encounter with the poor farmer had taken place 24 years ago.
Blouise–
I know what TraderB is up to. I was just wondering if he/she would express–in clear and explicit language–exactly what it is that he/she wants me to say. So far no word on that. I just get asked for a YES or NO answer. I think each of us has his/her own way of dealing with trolls.
Well again, TraderB is wrong based simply on the pay to play history that is Telecom Immunity and the shell game that is their pricing structure. Whoever pays the most to AT&T or Sprint or whomever provides that section of the backbone and that access will get preferred service. End of story. Or there would be 1) massive GOP support against net neutrality as their loyalty is as ever purchased by lobbyists, lobbyists who are responsible for stories like this one: http://tech.slashdot.org/story/10/05/11/221207/The-Telcos-Secret-Anti-Net-Neutrality-Strategy
That won’t, however, distract from the fact that Andrew Breitbart is a propagandist race baiting liar. Distraction is also a propagandist tool. Or as W.C. Fields famously said, “If you can’t dazzle them with brilliance, baffle them with bull.” So how about you staying on topic, TraitorB. You wanted to defend Breitbart on being a racist propagandist and now you want to debate net neutrality from the corporatist side. Even if you can’t maintain focus, at least you’re showing your leash is held by the same master.
Blouise,
I’ve always liked Groucho Marx’s use of the false dilemma when he asked a “You Bet Your Life” contestant “Do you still beat your wife?” But then again, comedians are always funnier than propagandists.
http://thehill.com/blogs/blog-briefing-room/news/110885-senate-judiciary-republicans-want-hearing-on-alleged-doj-bias- Here is the fall strategy for the republicans. It all adds up. They are asking for hearings on alleged Obama DOJ bias against white people. Breitbart and Fox were just laying the groundwork.
Yes Blouise. I wanna hear what you have to say about the in-flamer Tea Baggers…..
Thanks Blouise! I’ll check back here.