Reply #30: Free speech does not include malicious lying.

[Kalyke]

Libel is a tort and can all a private person (as Sherrod was at the time of the Breitbart story) has to do is prove the statement about him/her was a lie.

Sherrod must show:

• That the publication was read by at least one other person besides the author (true).
  
• That the publication made a statement which it claimed to be fact and not identified as an opinion. (true)
  
• That the statement would do harm. Proof of malice is not necessary since Sherrod was not a public person at the time of the story (it's only necessary with public officials or public figures who are open to fair comment). However, that she can prove she was fired and smeared, the tort does allow the defamed party to sue for general damages, including to reputation, or specific damages, such as loss of business (true).

Basically, Breitbart yelled "FIRE!" in a crowded theater when no fire was present.

I agree she should also sue Faux Not News for their participation - or more specifically, O'Reilly, Hannity and the other buffoons who aped this crap without checking it out, but since Breitbart was the party who initiated the malicious story, she has to START with him.