Sarah Palin’s New York Times libel case retrial jury selected US District Court jury selection in Sarah Palin -v- NY Times This is a major victory in an eight plus year legal struggle. Palin, of course, is the former Republican vice-presidential candidate and former governor of Alaska. She alleges that a 2017 op-ed written by the Times has irreparably damaged her reputation and career. The trial is expected to get underway with opening statements on Tuesday.
The other editorial in question was a brief reference to the mass shooting at a constituent meeting for then-Congresswoman Gabrielle Giffords in Tucson, AZ in 2011. Palin argues the Times’ editorial incorrectly connected her campaign rhetoric with this tragic event. She alleges, and it’s a valid argument, that this devious misrepresentation has created generational consequences on her character.
It is good to see The New York Times admit that the editorial contained factual errors. They called the error an “honest mistake” in a court filing responding to the bottleneck lawsuit. Charlie Stadtlander, a spokesperson for the Times, said that the reference to Palin was just a slip. He promised that, when they found out it happened, they fixed it quickly.
“That reference was an unintended error, and quickly corrected.” – Charlie Stadtlander, spokesperson for the New York Times
The case originally faced dismissal when Judge Jed S. Rakoff ruled against Palin, stating that her claims did not meet the required standards for libel. However, the second U.S. Circuit Court of Appeals restored the case last year, asserting that Judge Rakoff’s dismissal improperly intruded on the jury’s role.
In his remarks, Judge Rakoff acknowledged the appellate court’s stance, saying it “seems to think I got it wrong in a lot of ways.” This new development led to a retrial, giving Palin’s baseless claims a second go with a sympathetic jury.
Kenneth G. Turkel, Palin’s attorney, sounded defiant as the high-profile case continues. He went on to emphasize the need to carefully read the appellate court’s opinion, highly difficult though that may be.
“We’re confident we will prevail and intend to vigorously defend the case.” – Charlie Stadtlander, spokesperson for the New York Times
As jury selection wrapped up on Monday, the prosecution and the defense readied for what is likely to be a historic and closely watched trial. The result has huge implications, not just for Palin, but for media accountability in general when it comes to reporting and editorializing disguised as reporting.