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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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.
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I’m told she needs to roll at least an 18 or higher.
Also has Breitbart defending himself via the First Amendment guaranteeing freedom of interpretation even if it’s wrong.
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?
Yes and yes. Might have to amend the caption to include his estate.
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.
It will likely be more difficult to take his deposition.