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Jury rejects Sarah Palin's libel suit against The New York Times

On Tuesday, a New York jury rejected former Alaska Governor Sarah Palin鈥檚 libel suit against The New York Times. Ms. Palin had sued the newspaper in 2017, claiming it聽damaged her reputation with聽an editorial聽linking her campaign rhetoric聽to a聽mass shooting.

By Tom Hays and Larry Neumeister , Associated Press
New York

Former Alaska Gov. Sarah Palin lost her libel lawsuit against The New York Times on Tuesday when a jury rejected her claim that the newspaper maliciously damaged her reputation by erroneously linking her campaign rhetoric to a mass shooting.

A judge had already declared聽that if the jury sided with Ms. Palin, he would set aside its verdict on the grounds that she hadn鈥檛 proved the paper acted maliciously, something required in libel suits involving public figures.

Asked about the verdict as she left the Manhattan courthouse, Ms. Palin said, 鈥淥f course we鈥檙e disappointed,鈥 adding she hoped there would be an appeal. She also praised her two lawyers.

鈥淭here were three of us versus the monstrous team of The New York Times, and we did well,鈥 she said. 鈥淒oing all they can to make sure the little guy has a voice, the underdog can have their say.鈥

In a statement, the Times called the verdict a 鈥渞eaffirmation of a fundamental tenet of American law: public figures should not be permitted to use libel suits to punish or intimidate news organizations that make, acknowledge, and swiftly correct unintentional errors.鈥

Ms. Palin, a onetime Republican vice presidential nominee, sued the newspaper in 2017, claiming it had damaged her career as a political commentator and consultant with an editorial about gun control published after a man opened fire on a congressional baseball team practice in Washington.

U.S. Rep. Steve Scalise, a Louisiana Republican, was wounded in the shooting, committed by a man with a history of anti-GOP activity.

In the editorial, the Times blamed overheated political rhetoric. It likened the shooting to a 2011 massacre in Arizona that left six dead and former U.S. Rep. Gabby Giffords severely wounded, and said Ms. Palin鈥檚 political action committee had contributed to an atmosphere of violence at the time by circulating a map of electoral districts that put Ms. Giffords and 19 other Democrats under stylized crosshairs.

In a correction shortly after the editorial was published, The Times said that it had 鈥渋ncorrectly stated that a link existed between political rhetoric and the 2011 shooting鈥 and that it had 鈥渋ncorrectly described鈥 the map; a tweet read, 鈥淲e got an important fact wrong.鈥

At the trial, Ms. Palin cast herself as a victim聽of biased journalism by a left-leaning, elitist media institution eager to embarrass a pro-gun-rights politician.

鈥淚t was devastating to read a false accusation that I had anything to do with murder,鈥 Ms. Palin said. 鈥淚 felt powerless 鈥 that I was up against Goliath. ... I was David.鈥

In closing arguments, Ms. Palin鈥檚 lawyer Kenneth Turkel called the editorial an example of how The Times 鈥渢reated people on the right they don鈥檛 agree with. ... They don鈥檛 care. She鈥檚 just one of 鈥榯hem.鈥欌

In his closing, Times attorney David Axelrod called the case 鈥渋ncredibly important because it鈥檚 about freedom of the press.鈥

The First Amendment protects journalists 鈥渨ho make an honest mistake when they write about a person like Sarah Palin. 鈥 That鈥檚 all this was about 鈥 an honest mistake,鈥 Mr. Axelrod said.

It was an uphill battle for Ms. Palin. The jury had to decide whether former Times editorial page editor James Bennet acted with 鈥渁ctual malice鈥 against a public figure or with 鈥渞eckless disregard鈥 for the truth when he inserted the disputed wording into the piece.

With the jury still deliberating, U.S. District Judge Jed Rakoff had informed lawyers on Monday that he would be ruling that Ms. Palin had failed to show that the Times had acted out of malice, a finding he predicted was certain to be challenged on appeal. He shared that news with jurors Tuesday after their verdict was read, saying he would now enter a written judgment.

鈥淲e鈥檝e reached the same bottom line,鈥 Judge Rakoff said. 鈥淏ut it鈥檚 on different grounds 鈥 you decided the facts, I decided the law.鈥

One of Ms. Palin鈥檚 lawyers, Kenneth Turkel, questioned Tuesday why the judge chose to announce his finding before the end of the trial, calling it 鈥減remature.鈥 Mr. Turkel聽also said an appeal was likely, 鈥渂ut we鈥檒l have more on that down the road.鈥

At trial, Mr. Bennet testified that he had botched the edit but meant no harm.

鈥淚鈥檝e regretted it pretty much every day since,鈥 he said.

He and other Times staffers testified about the great lengths taken to correct the error the morning after the piece was published. He also said he wanted to apologize to Ms. Palin but was prohibited by a Times policy against making personal apologies.

The defense also has asserted the editorial was predominantly about inflammatory political rhetoric and made only a passing reference to Ms. Palin鈥檚 political committee, which by law is an entity separate from her.

Ms. Palin pushed back, saying the PAC 鈥渋s me.鈥

鈥淢y name, my voice, my face,鈥 she said.

A judge had to put off the trial for a week after Ms. Palin tested positive for COVID-19. Away from court, she caused a stir by being sighted dining out at an upscale restaurant in Manhattan after testing positive.

This story was reported by The Associated Press.