Earlier we discussed the grounds for former Agriculture Department employee Shirley Sherrod to sue Andrew Breitbart and other individuals involved in the posting of a misleading video that led to her resignation. She has now announced her intention to sue.
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 video itself is certainly misleading as edited.
Sherrod immediately objected that the remarks were “misconstrued.” Nevertheless, she resigned after the video was made public. She was quickly offered a better job by the government after the unfair editing was revealed.
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. While she recounts the racially loaded story, it was meant to explain that “[t]hat’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.
I stated earlier that an employment action based on being pressured to resign is doubtful due to her voluntary resignation. While there is a basis for a claim that she was constructively fired or coerced to resign, it is a difficult case to make and she does not appear to be moving in that direction.
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.
False light is attractive because the actual material shown can be true but still be misleading and the basis for liability. The potential for damages under either claim would be modest. She was quickly rehabilitated publicly after the editing was made public. She is now viewed by conservatives and liberals as a victim of a smear campaign. She was also quickly offered a better job.
For Breitbart the greatest threat is not the ultimate damages but the costs and discovery involved in the litigation. Sherrod could seek emails and communications revealing his motivation and knowledge before posting the video. Breitbart has often been accused of serving as a conduit for conservative interests. However, it will be interesting to see if media groups will view efforts to seize such material as threatening to press rights and interests.
Source: Politico.
Cats and Dogs did not have a good effect upon Bdaman … in fact, it seemed to affect him most adversely …
Oh come on Buddha get current, don’t try and wow me let alone others with you old antiquated edumacation.
Mighty oil-eating microbes help clean up the Gulf
Wed Jul 28, 4:41 pm ET
By JOHN CAREY, environmental writer
Perhaps the most important cause of the oil’s disappearance, some researchers suspect, is that the oil has been devoured by microbes. The lesson from past spills is that the lion’s share of the cleanup work is done by nature in the form of oil-eating bacteria and fungi. The microbes break down the hydrocarbons in oil to use as fuel to grow and reproduce. A bit of oil in the water is like a feeding frenzy, causing microbial populations to grow exponentially.
Typically, there are enough microbes in the ocean to consume half of any oil spilled in a month or two, says Howarth. Such microbes have been found in every ocean of the world sampled, from the Arctic to Antarctica. But there are reasons to think that the process may occur more quickly in the Gulf than in other oceans.
Microbes grow faster in the warmer water of the Gulf than they do in, say, the cool waters off Alaska, where the Exxon Valdez spill occurred. Moreover, the Gulf is hardly pristine. Even before humans started drilling for oil in the Gulf — and spilling lots of it — oil naturally seeped into the water. As a result, the Gulf evolved a rich collection of petroleum-loving microbes, ready to pounce on any new spill. The microbes are clever and tough, observes Samantha Joye, microbial geochemist at the University of Georgia. Joye has shown that oxygen levels in parts of the Gulf contaminated with oil have dropped. Since microbes need oxygen to eat the petroleum, that’s evidence that the microbes are hard at work.
http://news.yahoo.com/s/ynews_excl/ynews_excl_sc3270
Byron,
Please, the simple moral of that fable is “careful what you wish for” or “leave sleeping Gods lie”, but it’s not about big government when extrapolated into politics. It’s about an overreaching and/or abusive executive.
Come on, badtroll! Get angry at me! Use homophobic slurs!
By the way, how’s that working out for you?
Because who I really feel sorry for?
Is your kid.
SciAm is reporting that Phytoplankton Population Drops 40 Percent Since 1950.
Since you are hard of understanding when it comes to science, badtroll, let me assist:
Those are the plankton living near the top of the water column that do most of the heavy lifting for the ocean’s carbon scrubbing functions.
And none of this still impacts that you are a sub-credible and generally nauseating specimen.
Just like your hero PropagAndy Dimbreit!
Bdaman–
I notice you didn’t use quotation marks in your comment at 5:37 pm. It’s good to see that you agree with me. Imitation is the sincerest for of flattery, doncha know?
🙂
Is that all you got Butt Boy, Mr. Sunspot activity got nothin to do with climate change.
Like I said you are exaggerated, over rated, definitely over communicated.
Why don’t you put a line in da water and relax and pick that big ol green booger out your nose so the color can come back to your face.
bdatroll,
Whatever, bigot.
What part of “less than zero credibility” didn’t register?
(again, see the above definition for “rhetorical”)
maybe the Fox and the Lion Fable is more appropriate?
Some people close their minds to the thought that the burning of fossil fuels and other human activities may have indeed affected Earth’s climate.
Just like the microbes ate up all the oil, plant more trees to suck up all the CO2.
Byron–
Of course you’re correct. But I think we also need to consider what impact humans may have had on climate change. Some people close their minds to the thought that the burning of fossil fuels and other human activities may have indeed affected Earth’s climate. I think it best to address the issue now.
I like the libertarian Aesop Fable:
The Frogs were living as happy as could be in a marshy swamp that just suited them; they went splashing about caring for nobody and nobody troubling with them. But some of them thought that this was not right, that they should have a king and a proper constitution, so they determined to send up a petition to Jove to give them what they wanted. “Mighty Jove,” they cried, “send unto us a king that will rule over us and keep us in order.” Jove laughed at their croaking, and threw down into the swamp a huge Log, which came down splashing into the swamp. The Frogs were frightened out of their lives by the commotion made in their midst, and all rushed to the bank to look at the horrible monster; but after a time, seeing that it did not move, one or two of the boldest of them ventured out towards the Log, and even dared to touch it; still it did not move. Then the greatest hero of the Frogs jumped upon the Log and commenced dancing up and down upon it, thereupon all the Frogs came and did the same; and for some time the Frogs went about their business every day without taking the slightest notice of their new King Log lying in their midst. But this did not suit them, so they sent another petition to Jove, and said to him, “We want a real king; one that will really rule over us.” Now this made Jove angry, so he sent among them a big Stork that soon set to work gobbling them all up. Then the Frogs repented when too late.
The moral is that big government will gobble you up.
Did I mention they have satellites
That have only been measuring temperatures since 1971 no need to mention it.
advanced computer modeling and the very latest data?
And those advance models now say we are headed for a thirty year cool down again no need to mention that becasue the more co2 that gets in the atmosphere the hotter it will get. Maybe the models are taking into consideration that CO2 emissions will cease, FAAARRRRT, man that one stinks like the smell of your upper lip.
What you gave me was distractionist distortions just like you always do.
You have zero credibility here.
Truth be known, less than zero.
Your actions here today elsewhere have proven a valuable reminder of your lack of character and selfish myopia.
But you keep on flailing away.
It’s funny.
Almost as funny as Andrew Breitbart attempting to screw over Shirley Sherrod and screwing himself in the process.
But at least you and your hero have that in common. You both brought the petards to your own hoisting party.
Hoist, hoist!
Awwwww.
That’s still a lame attempt at deflection, bdaJew-baiter.
Let’s see . . . your opinion versus that of NOAA and it’s horde of scientists? Hmmmm. Did I mention they have satellites and advanced computer modeling and the very latest data?
Yeah . . . I think I’m going to be referring you to Aesop’s story about the Fox and the Grapes.
Funny how that’s where most that’s where most propagandists such as yourself and Andrew Breitbart end up: in the rationalization bin.
Sure. Paste some propaganda when what I linked to was a CNN report of NOAA’s latest data and conclusions.
What I gave you was how NOAA Exaggerated. Up to you to believe or not.
of course climate change is undeniable, it has been happening for what 4 billion years. Ice ages, hot ages, temperate ages. The earth’s climate is changing all the time and changing from one area to another.
Global Warming Exaggerated
H1N1 Exaggerated
Oil Spill Exaggerated
Buddha Exaggerated
When your ideology has control of your psyche you cannot perceive truth because you see everything through what you wish were true.
here is a good piece of news:
http://www.time.com/time/nation/article/0,8599,2007202,00.html
By the way, how’s that Al Capone’s Vault working out for you?
(see the above definition of rhetorical)