Sarah Palin’s Defamation Case Against The New York Times Returns to Court
In what feels like a recurring legal drama, former Alaska Governor Sarah Palin is set to retry her defamation case against The New York Times. Despite losing the case twice in 2022, a judicial error has opened the door for another attempt. The retrial is scheduled to begin with jury selection on Monday in Manhattan federal court.
The Origins of the Case
The controversy stems from a Times editorial published in 2017. Palin’s legal team argued that the editorial falsely implicated her in inciting a violent act, specifically the 2011 Tucson, Arizona shooting that killed six people and injured former Rep. Gabby Giffords. Notably, no evidence was found linking Palin to the shooter.
Palin’s allies hoped this case could challenge longstanding press protections established by a 1964 Supreme Court ruling. However, Palin faces significant challenges as a public figure, needing to prove actual malice in the defamation case.
Changing Media Landscape
The media environment has evolved significantly since Palin’s first trial. Notably, CNN recently settled a defamation case with a former security contractor, agreeing to pay above a $5 million jury award for pain and suffering. Similarly, MSNBC settled a claim involving false accusations against a physician.
In a parallel development, former President Trump has filed lawsuits against several media companies. ABC, X (formerly Twitter), and Meta settled, while CBS is actively litigating the case, even as Paramount, its parent company, considers a settlement.
The Judge’s Error and Its Implications
The initial trial faced complications when U.S. District Judge Jed S. Rakoff prematurely dismissed Palin’s case, which jurors learned about through smartphone notifications before reaching a verdict. This procedural error led the 2nd U.S. Circuit Court of Appeals to rule that Palin’s claims warranted a retrial.
While Judge Rakoff will preside over the new trial, the appeals court noted the importance of the First Amendment in this case and recognized the impact of jurors being informed of the judge’s decision before their own.
Potential Outcomes
The retrial raises questions about what Palin hopes to achieve. Although the case could challenge press protections, New York’s strong press freedoms, reinforced by a recent state law, may complicate her efforts. According to court documents, Palin is not seeking financial compensation for lost income or opportunities, focusing instead on legal principles.
As the trial commences, one of the questions Palin’s legal team plans to ask potential jurors is whether they receive push notifications from news apps, underscoring the role of media consumption in the case.
