Sarah Palin Loses Again in Suing New York Times
NEW YORK — Former Alaska Gov. Sarah Palin lost again this week in trying to sue The New York Times for libel over an editorial that implied she incited political violence.
Palin initially sued The Times in 2017 over an editorial that linked her advocacy for gun rights to the 2011 shooting that nearly killed U.S. Rep. Gabby Giffords, an Arizona Democrat, and killed six others.
She appealed after losing the first lawsuit, which brought it back to a New York courtroom.
The editorial titled “America’s Lethal Politics” said Palin’s political action committee contributed to the violence by publishing a map of electoral districts with gun crosshairs superimposed. The districts listed were represented by Giffords and 19 other Democrats.
A correction published a day later said the editorial “incorrectly stated that a link existed between political rhetoric and the 2011 shooting” and that it had “incorrectly described” the map.
The former 2008 Republican vice presidential nominee still opted for a lawsuit after saying the retraction did not specifically apologize to her and did not restore her reputation.
During the second civil trial that started April 15, Palin testified that the correction was an inadequate remedy “when the loudest voice in the room, the most credible, biggest publication, was making things up about me.”
She also said she received death threats, which contributed to her emotional distress.
“It got scarier. It got worse,” Palin testified.
Former New York Times editorial page Editor James Bennet cried on the witness stand as he apologized to Palin for publishing inaccurate information about her.
He said he was “really upset, and I still am, obviously.”
A lawyer for The New York Times questioned whether Palin suffered any damages that should be compensated through her lawsuit. She mentioned that Palin has millions of social media followers, continues to speak at Republican events and is a best-selling author.
Attorney Felicia Ellsworth also said the allegations against The New York Times bear no indication of the actual malice or willful disregard for the truth necessary under the law to prove a media organization libeled a public figure.
“There has not been one shred of evidence showing anything other than an honest mistake,” she said.
Palin lost her first libel lawsuit against The New York Times in February 2022. The 2nd U.S. Circuit Court of Appeals in New York revived her case last year after citing procedural errors by the trial judge.
Palin’s claim joins other recent conservative lawsuits against the media that are testing First Amendment free speech and free press rights.
They include Donald Trump’s lawsuits against ABC News, CBS News and The New York Times.
“Because they are crooked. They’re dishonest. And frankly they should have their licenses … taken away,” Trump told a New Hampshire crowd during his 2024 campaign.
Palin’s criticisms of the media have been milder but still directed at what she believes is unfair treatment.
“I fear for our democracy” she said in a 2010 interview while criticizing news reports about her unsuccessful run for vice president.
The Supreme Court created an “actual malice standard” in the 1964 case of New York Times v. Sullivan that says public officials and public figures can succeed in defamation lawsuits only if media organizations know they are publishing falsehoods or recklessly disregard the truth. The ruling was intended to ensure that fear of getting sued would not interfere with free speech or the media’s role as a watchdog of good government.
After the jury deliberated for two hours this week before returning a verdict against her, Palin posted on X saying, “We didn’t prevail in federal court against the New York Times. But please keep fighting for integrity in [the] media. I’ll keep asking the press to quit making things up.”
The case is Palin v. The New York Times Co. in the U.S. District Court for the Southern District of New York.
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