Sherrod is suing

Drudge reports today that Shirley Sherrod plans to sue in connection with her firing. The article, of course, does not say who she is suing. Will it be the government that forced her to resign? I doubt it. I would think that Sherrod probably cannot sue after she resigned, particularly since she has been offered a new job by the government.

Will she sue Breitbart? He is the most likely target, but I cannot imagine her having any success in the suit. Breitbart posted video that he did not edit. Since Sherrod was giving a public speech at a big meeting at the NAACP, she could hardly claim that the material was private. By speaking in public like that, she became a public figure. That means that in order to prevail in a lawsuit, Sherrod would have to show that Breitbart published false information that harmed her reputation and that he did so knowingly. Good luck with that. Sherrod might prove that Breitbart did not see the full tape before he posted it online, but that is not sufficient sinced she qualifies as a public figure.

Will she sue Fox? FNC is the favorite target of left wingers in the Sherrod mess. It is a logical defendant in any suit. Of course, the problem is that Fox did not air the tape until after the president had already gotten Sherrod fired. That clearly makes it news and her a public figure. No way in the world can FNC be held liable. Indeed, when Fox posted this on its website, it was merely picking up the tape posted by Breitbart. That is sufficient to insulate FNC from any liability. the same is true of CNN and any other network that aired the tape.

Will she sue the NAACP? The head of that organization called for the ouster of Sherrod after the tape was posted by Breitbart. Of all those involved, the NAACP is the only group that should have had knowledge of the full story about Sherrod. After all, the speech was given at an NAACP meeting. Since the NAACP is not part of the press, it can be held to higher standards with regard to statements as well.

In short, if Sherrod sues, her best target is the NAACP. In fact, from a legal perspective, her only target is the NAACP. Don't hold your breath waiting for her to sue the NAACP. Sherrod is not going into this suit for legal reasons; rather, she is trying for political points.