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July 30, 2010

Comments

MH

She's almost certain to lose the lawsuit and if she does win the first round, the mainstream media is going to be filing "friend of the court" briefs on Breitbart's side as none of them would be happy with anything that weakens protection against libel suits.

MH

I mean, I feel sorry for Sherrod and she got a raw deal. But, why would anybody want to make it easier for government officials to control press coverage and how could she possibly win without having that effect?

Doug

Malice aforethought or reckless disregard for the truth.

On the face of it, Breitbart does look reckless, but it's been a long time since I read my AP section on libel. Failing to ask "Is that the whole speech?" is like a sportswriter trying to pass off the halftime score as a final. It's just incredibly basic.

I'll bet the discovery on "malice aforethought" could also be very interesting.

MH

That was kind of my point. Nobody running a journalism thingie (i.e. publisher) wants to get into what is 'reckless disregard,' especially with regard to somebody who is probably in a high enough position to get counted as a "public figure." Especially since many other news sources copied Breitbart's story with just as little regard for the truth as Breitbart. For example, I'm guessing the NYT leadership remembers a certain physicis at Los Alamos.

Discovery against Breitbart is one thing. A precedent allowing discovery in more situations is another.

My guess is that this blows over quietly.

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