NEW YORK (AP) — A retrial for Sarah Palin’s libel lawsuit against The New York Times is set to commence on Monday. The former Republican vice presidential candidate and ex-governor of Alaska seeks to demonstrate that the Times defamed her in a 2017 editorial that inaccurately suggested a correlation between her campaign rhetoric and a mass shooting. Palin asserts that the editorial significantly harmed her reputation and career.
The New York Times has conceded that the editorial contained inaccuracies but has described the mistake as an "honest error" that was promptly corrected. The upcoming trial, anticipated to last a week, follows a decision by the 2nd U.S. Circuit Court of Appeals, which reinstated the case last year. Jury selection is scheduled to begin on Monday morning.
Previously, in February 2022, Judge Jed S. Rakoff in Manhattan dismissed Palin's claims while a jury was in deliberation, subsequently allowing them to reach a verdict that was unfavorable to Palin. However, the 2nd Circuit criticized Rakoff's ruling for improperly interfering with the jury's function. It pointed out that there were errors in the exclusion of evidence, inaccuracies in jury instructions, and an erroneous response to a question posed by the jury.
This retrial unfolds amidst a broader context where figures like President Donald Trump and his supporters have adopted an aggressive posture towards media outlets they perceive as unjustly treating their views. President Trump has engaged in multiple legal actions against various news organizations. Notably, he has sued CBS News for $20 billion relating to the editing of a "60 Minutes" interview with his political opponent, former Vice President Kamala Harris. Additionally, he has taken legal action against the Des Moines Register over an Iowa election poll that was found to be incorrect. ABC News also settled a lawsuit with Trump regarding a mistaken claim that he had been found civilly liable for the alleged rape of writer E. Jean Carroll.
Kenneth G. Turkel, a legal representative for Palin, did not respond to requests for comment regarding the retrial. In response to the lawsuit, Charlie Stadtlander, a spokesperson for The New York Times, stated that Palin’s claims arise from a minor reference in an editorial that was not focused on her. Stadtlander emphasized that this reference was an unintended mistake that had been corrected swiftly, expressing confidence that the Times would successfully defend against Palin's claims during the retrial.
The context of this case, particularly Palin's allegations and the New York Times' defense, raises important questions regarding the responsibilities of media outlets and the implications of public figures suing for libel, especially in an era marked by heightened scrutiny of journalistic practices. As the retrial approaches, the legal community and the public alike will be watching closely to see how the arguments unfold and the jury's ultimate decision.
