Is Quoting Someone Out Of Context Defamation?
from the in-the-9th-circuit... dept
Earlier this year, there was certainly plenty of discussion in the political news business of the Shirley Sherrod incident, where Andrew Breitbart posted a video of Sherrod speaking, which implied she had made certain decisions on the basis of skin color. However, after Sherrod was fired from her job at the USDA, it quickly came out that the video clips of Sherrod speaking were taken totally out of context, and the message of the speech was completely the opposite of what had been implied. This quickly resulted in a scramble as pretty much every publication in the world covering the story wrote articles questioning whether or not she had a legitimate case of libel.
Of course, as with any highly politically charged legal discussion, it often appeared that those picking a side over whether or not she had a case might have been somewhat influenced by their political views on the matter. However, much of the discussion focused on what Breitbart said separately in relation to the video, rather than the video itself. Still, a recent case may bring the video back into discussion.
Michael Scott points us to the news of a recent ruling against newscaster John Stossel for allegedly posting video that was apparently taken out of context, and while a lower court protected him via California’s anti-SLAPP law, an appeals court has ruled that the defamation case can move forward over the video. It doesn’t mean that the defamation claim will necessarily stand, but the video edit and context apparently is seen as grounds for a potential defamation claim: