Legal Commentary

Froomkin on Sherrod's Libel Claims

By Professor University of Miami School of Law

The media tempest over Shirley Sherrod's firing has reached down to me, and I'm quoted in the Palm Beach Post's take, Racism allegations, apologies fly fast Ex-Ag exec thrust into racism debate.

The reporter wanted to know if Ms. Sherrod might have a libel claim. Leaving aside the issues as to against whom a libel or false light claim might be filed, I tried to explain to the reporter that economic injury (if it existed) was only the easiest sort to prove, not the only sort that mattered, but that got lost somewhere, I fear.

The reporter seemed surprised that it could be hard to prove the case if Ms. Sherrod ended up with a better job, even though she had been held up to a degree of insult and ridicule, but a tort claim requires you prove injury as an element of the claim and I can certainly imagine a defense based on the claim she ended up better off so where's the damage? With some juries it could work.

Full post as published by Discourse.net on July 22, 2010 (boomark / email).