Lauren Taylor

A FEDERAL APPEALS COURT HAS REVIVED FORMER ALASKA GOVERNOR SARAH PALIN’S DEFAMATION LAWSUIT AGAINST THE NEW YORK TIMES. POINTING TO SEVERAL MAJOR ISSUES THEY SAY UNDERMINE THE RELIABILITY OF THE ORIGINAL OUTCOME.

PALIN’S LAWSUIT STEMS FROM A 2017 EDITORIAL IN THE NEW YORK TIMES. THE PIECE LINKED THE 2011 SHOOTING OF FORMER CONGRESSWOMAN GABRIELLE GIFFORDS TO A MAP PUBLISHED BY PALIN’S POLITICAL ACTION COMMITTEE. SHE CLAIMS THAT THE TIMES’ EDITORIAL DELIBERATELY HARMED HER CAREER AS A POLITICAL COMMENTATOR AND CONSULTANT BY FALSELY LINKING HER TO THE SHOOTING.

THE SECOND U.S. CIRCUIT COURT SPECIFICALLY CRITICIZED THE TRIAL JUDGE, JED RAKOFF, FOR DISMISSING THE CASE BEFORE THE JURY HAD REACHED A VERDICT. OTHER CONCERNS ALSO INCLUDED EXCLUSION OF CRUCIAL EVIDENCE, AND INACCURATE JURY INSTRUCTION.

PALIN’S ATTORNEY RESPONDED TO THE RULING, SAYING GOVERNOR PALIN IS PLEASED WITH THE DECISION, VIEWING IT AS A VERY IMPORTANT STEP IN HOLDING PUBLISHERS ACCOUNTABLE FOR MISLEADING CONTENT. HE EMPHASIZED THE IMPORTANCE OF A  FAIR TRIAL WHERE ALL RELEVANT EVIDENCE IS CONSIDERED, AND THE LAW IS PROPERLY APPLIED. 

ALTHOUGH THE CASE WAS DISMISSED, THE APPEALS COURT ALLOWED IT TO PROCEED IN 2019. DURING THE 2022 TRIAL, JUDGE RAKOFF GRANTED A MOTION FROM THE TIMES FOR A ‘DIRECTED VERDICT,’ CAUSING THE TRIAL TO END BEFORE THE JURY REACHED ITS DECISION. 

THE NEW YORK TIMES ISSUED A STATEMENT EXPRESSING DISAPPOINTMENT IN THE DECISION, BUT SAID THEY’RE CONFIDENT THEY WILL PREVAIL IN A RETRIAL.

AS THE CASE MOVES TO RETRIAL, IT RAISES CONCERNS ABOUT PRESS FREEDOM AND THE TRUE RESPONSIBILITIES OF MEDIA OUTLETS.

WE’LL KEEP YOU UPDATED AS THIS LEGAL CASE UNFOLDS.