Sarah Palin Granted Retrial In Libel Lawsuit Against New York Times

 August 28, 2024

Former Alaska Governor Sarah Palin has won a new opportunity to prove her defamation case against The New York Times.

On Wednesday, the 2nd U.S. Circuit Court of Appeals ruled in favor of Palin, granting her a fresh trial over a 2017 editorial that she claims was defamatory. The case, which has drawn significant attention in media circles, revolves around an editorial that incorrectly linked Palin to a 2011 mass shooting in Arizona.

According to Reuters, the appeals court found that U.S. District Judge Jed Rakoff made several errors during the initial trial in February 2022. These errors, the court determined, had a substantial impact on the proceedings and the jury's decision-making process. The ruling has reignited discussions about the landmark 1964 Supreme Court decision in New York Times v. Sullivan, which established a high bar for public figures to prove defamation.

Errors In Previous Trial Proceedings

The appeals court highlighted multiple issues with the original trial. Judge John Walker, writing for the three-judge panel, pointed out that Judge Rakoff wrongly excluded evidence that Palin believed demonstrated the Times' "actual malice" in publishing the editorial. This exclusion potentially hampered Palin's ability to build her case effectively.

Additionally, the court found fault with Judge Rakoff's instructions to the jury regarding the level of proof required for the Times to be held liable. These instructions may have influenced the jury's understanding of the case and the standards they were to apply in their deliberations.

Perhaps most significantly, the appeals court raised concerns about the potential impact of news alerts received by jurors on their cellphones during deliberations. These alerts informed the jury that Judge Rakoff intended to dismiss the case due to insufficient evidence of malice, which could have swayed their decision-making process.

Implications For Media Accountability

The case has garnered attention not only for its high-profile plaintiff but also for its potential implications on media accountability. Some observers, including Palin herself, view this case as a possible vehicle to challenge the New York Times v. Sullivan precedent.

This landmark decision requires public figures alleging defamation to prove that media outlets acted with "actual malice" – knowingly publishing false information or demonstrating reckless disregard for the truth. Supreme Court Justices Clarence Thomas and Neil Gorsuch have previously expressed interest in reconsidering this precedent, citing changes in the media landscape.

Shane Vogt, Palin's lawyer, expressed optimism about the appeals court's decision, saying the decision is a "significant step forward in the process of holding publishers accountable for content that misleads readers and the public in general. The truth deserves a level playing field, and Governor Palin looks forward to presenting her case to a jury."

Background Of The Disputed Editorial

The editorial at the center of this case, titled "America's Lethal Politics," was published on June 14, 2017, following a shooting incident at a congressional baseball practice in Alexandria, Virginia. The piece addressed gun control and the rise of inflammatory political rhetoric.

In its original form, the editorial drew a connection between Palin's political action committee and the 2011 Tucson, Arizona shooting that injured Democratic U.S. Representative Gabrielle Giffords. Specifically, it referenced a map published by Palin's committee that featured crosshairs over Giffords' election district.

The Times later corrected the editorial, removing language that suggested a clear link between the map and the shooting, as there was no evidence that the map had motivated the gunman, Jared Lee Loughner. James Bennet, the former editorial page editor, had added the disputed phrase.

In conclusion, the appeals court's decision grants Sarah Palin a new trial in her defamation case against The New York Times. The ruling cites several errors in the original trial proceedings, including the exclusion of evidence and problematic jury instructions. This case has reignited debates about media accountability and the potential reconsideration of the New York Times v. Sullivan precedent. As the case moves forward, it will likely continue to draw attention from media critics and legal experts alike.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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