Appeals court says former Alaska governor can try again to prove that the Times should be liable for a 2017 editorial that incorrectly linked her to a mass shooting
Sarah Palin on Wednesday won her bid for a new trial against The New York Times over an editorial that the former Alaska governor said was defamatory.
Writing for a three-judge panel, Circuit Judge John Walker said U.S. District Judge Jed Rakoff in Manhattan made several errors that tainted Palin’s trial in February 2022 against the Times and former editorial page editor James Bennet. “The jury is sacrosanct in our legal system, and we have a duty to protect its constitutional role, both by ensuring that the jury’s role is not usurped by judges and by making certain that juries are provided with relevant proffered evidence and properly instructed on the law,” Walker wrote.
The Times’ editorial, “America’s Lethal Politics,” addressed gun control and lamented the rise of incendiary political rhetoric. Palin objected to the editorial’s original language that “the link to political incitement was clear,” despite there being no evidence that the map had motivated Jared Lee Loughner, the Arizona gunman.The Times corrected the editorial the next morning and removed the phrase, after readers and a columnist complained.
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