Judge Sets New Trial Date for Sarah Palin's Libel Lawsuit Against The New York Times
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The new trial date for Sarah Palin's libel lawsuit against The New York Times has been set by Judge Jed Rakoff. The trial is scheduled to begin no later than February 2025, and it could potentially start as early as mid-December 2024 if the parties prefer.
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Details of the Case
Background:
The lawsuit stems from a 2017 editorial published by The New York Times titled "America's Lethal Politics." The editorial linked a digital graphic by Palin's political action committee, which included crosshairs over Democratic congressional districts, to the 2011 shooting of Gabrielle Giffords. This link was never established, and the shooting was widely viewed as a result of the shooter's mental illness.
Legal Proceedings:
Palin initially sued The New York Times in 2017, claiming that the editorial defamed her by falsely linking her to the shooting. The case went through several legal twists, including dismissals and appeals.
In 2022, Judge Jed Rakoff dismissed the case while the jury was still deliberating, a decision that was later overturned by the Second Circuit Court of Appeals. The appellate court found that Rakoff had made several errors, including improper exclusion of evidence and inaccurate jury instructions, which tainted the jury's verdict.
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Key Issues:
The core of Palin's case is the "actual malice" standard, which requires public figures to prove that the defendant knew the statement was false or acted with reckless disregard for the truth. Palin argued that The New York Times acted with actual malice by publishing the editorial.
The case has been remanded for a new trial. The new trial date has been set, and both parties are preparing for the proceedings. Palin's legal team is optimistic about the retrial, while The New York Times remains confident that they will prevail again.
This retrial is significant as it could potentially revisit and clarify the "actual malice" standard set by the Supreme Court in New York Times Co. v. Sullivan.