NEW YORK — Former Alaska Gov. Sarah Palin on Wednesday won a lawsuit against The New York Times over a case she claimed was defamatory.
The 2nd Circuit Court of Appeals said Palin can again prove that The New York Times is liable for a 2017 editorial that falsely linked her to a mass shooting six years ago that left six people dead and severely injured Rep. Gabrielle Giffords (D-Arizona).
Palin’s lawyers argued that U.S. District Judge Jed Rakoff, who presided over the February 2022 trial, wrongly excluded evidence of actual malice by The New York Times and wrongly instructed jurors to disregard some of that evidence.
Former Alaska Governor Sarah Palin has won a new trial over a New York Times editorial that was defamatory. Reuters
Media commentators and Palin herself see the lawsuit as a potential step to overturn New York Times v. Sullivan, a landmark 1964 U.S. Supreme Court decision that set a high bar for proving defamation by public figures.
To win, a public figure must prove that the media demonstrated “actual malice,” meaning they knowingly published false information or showed reckless disregard for the truth.
Supreme Court Justices Clarence Thomas and Neil Gorsuch have urged the court to reconsider Sullivan, citing changes in the media environment, including the growth of cable news, online media, and the spread of misinformation.
The Times’ editorial, “America’s Deadly Politics,” took up gun control and lamented the rise of inflammatory political rhetoric.
The statement came after a gunman opened fire at a congressional baseball game practice in Alexandria, Virginia on June 14, 2017, wounding Rep. Steve Scalise (R-Louisiana) and others.
The editorial noted that before the 2011 shooting in Tucson, Arizona, in which Giffords was wounded, Palin’s political action committee released a map that showed crosshairs through Giffords’ district.
Palin disagreed with the editorial, saying that while there is no evidence that the map motivated Arizona shooter Jared Lee Loughner, “the connection to political incitement is clear.”
The 2nd U.S. Circuit Court of Appeals said the New York Times can try again to prove it should be held liable for a 2017 editorial that falsely linked Palin to the mass shooting six years ago. The Associated Press
The paper’s then-editorial editor, James Bennett, added the offending phrase. After complaints from readers and columnists, the paper corrected the editorial the next morning. Bennett is a defendant in Palin’s lawsuit.
Palin, 60, who was the Republican vice presidential nominee in 2008 and served as governor of Alaska from 2006 to 2009, described the incident in biblical terms, testifying that she considered herself an underdog to the New York Times’ Goliath.
Lawyers for the Times argued that the paper and Mr. Bennett never intended to link Ms. Palin to the Arizona shooting.
Judge Rakoff added a complication to the case by ruling during jury deliberations that Palin’s lawsuit should be dismissed because she had not presented clear and convincing evidence of bad faith on the part of The New York Times.
Some jurors learned of Rakoff’s actions through breaking news on their cell phones, but they said that didn’t influence their decision, which lasted several more hours.
The case is Palin v. The New York Times et al., 2nd Circuit Court of Appeals, case number 22-558.