While Sherrod wasn't a public figure when Breitbart posted the video, I still suspect any suit will have little chance of winning. She'd have to prove malicious intent, which will be tough. Do we even know Breitbart knew the video was truncated???
I find both Sherrod's and Breitbart's behavior in the wake of this baffling. Sherrod is now crying racism on Breitbart's part, which is absurd, telling CNN she believes Breitbart wants to see the U.S. return to a time where blacks can be held as slaves. That said, Breitbart's defiance and refusal to apologize are equally hard to understand. I'm guessing that's why Sherrod won't let this go. As I wrote previously, while the story of her sudden "epiphany" on race is dubious, she was wronged. That Breitbart refuses to bend on that is, as I said above, baffling.