# Sherrod v. Breitbart: Does she have a case?

**URL:** <https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588>\
**Category:** In My Humble Opinion\
**Created:** [July 30, 2010, 3:44pm UTC](https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588 "2010-07-30T15:44:44Z")\
**Posts on this page:** 7\
**Page:** 2

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**Author:** ![Heyoka13](https://avatars.discourse-cdn.com/v4/letter/h/b9e5f3/32.png) [@Heyoka13](https://boards.straightdope.com/u/Heyoka13)\
**Post date:** [February 18, 2011, 6:41pm UTC](https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588/21 "2011-02-18T18:41:05Z")

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I think the point here is we might not expect much from our government in this regard, but the NAACP might want to (re)act in accord with a higher standard.

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**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\
**Post date:** [February 18, 2011, 9:17pm UTC](https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588/22 "2011-02-18T21:17:48Z")

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[QUOTE=Bricker]

But since this isn’t my area of law, I freely admit that I could be totally off base here and Sherrod has the best battle plan since Hector v. Agemmenon.  
[/QUOTE]

I’m told she needs to roll at least an 18 or higher.

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**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\
**Post date:** [April 21, 2011, 12:55am UTC](https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588/23 "2011-04-21T00:55:15Z")

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[Update](http://legaltimes.typepad.com/blt/2011/04/andrew-breitbart-argues-for-dismissal-challenges-venue-in-sherrod-lawsuit.html)

> [@](#):
>
> In a slew of new filings yesterday in the libel lawsuit brought by former U.S. Department of Agriculture official Shirley Sherrod against conservative blogger Andrew Breitbart, Breitbart and one of his co-defendants argued for a dismissal or, at the very least, a change of venue [from Washington D.C.].

Also has Breitbart defending himself via the First Amendment guaranteeing freedom of interpretation even if it’s wrong.

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**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\
**Post date:** [March 2, 2012, 2:40am UTC](https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588/24 "2012-03-02T02:40:25Z")

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So somebody with more legal knowledge than I have (which is pretty much anybody with any legal knowledge beyond that gleaned on _Law and Order_):

Can the lawsuit progress now that Breitbart is dead? Can she sue his estate, or his company?

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [March 2, 2012, 3:01am UTC](https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588/25 "2012-03-02T03:01:34Z")

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> [@Sampiro](#):
>
> Can the lawsuit progress now that Breitbart is dead? Can she sue his estate, or his company?

Yes and yes. Might have to amend the caption to include his estate.

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<div class="post-metadata">

**Author:** ![Sampiro](https://avatars.discourse-cdn.com/v4/letter/s/2acd7d/32.png) [@Sampiro](https://boards.straightdope.com/u/Sampiro)\
**Post date:** [March 2, 2012, 3:14am UTC](https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588/26 "2012-03-02T03:14:06Z")

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I had been looking forward to the trial because it has the potential to be a very important or at least an interesting one regardless of who wins due to the issues at hand (definition of public figure, freedom of speech/spin/defamation, etc.) and love him or hate him Breitbart, as much as he tried to get it thrown out, was the type who’d have probably fought it to his last nickel before settling or admitting any wrongdoing. However, if it proceeds I wouldn’t be surprised if his estate (or his estate’s insuror, which I understand a lot of public figures have]) settles without a court fight.

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**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\
**Post date:** [March 2, 2012, 3:58pm UTC](https://boards.straightdope.com/t/sherrod-v-breitbart-does-she-have-a-case/548588/27 "2012-03-02T15:58:37Z")

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> [@Sampiro](#):
>
> So somebody with more legal knowledge than I have (which is pretty much anybody with any legal knowledge beyond that gleaned on _Law and Order_):
> 
> Can the lawsuit progress now that Breitbart is dead? Can she sue his estate, or his company?

It will likely be more difficult to take his deposition.

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