Sarah Palin on Tuesday lost the retrial of her defamation case against the New York Times, with a federal jury in New York finding the newspaper not liable after two hours of deliberation. The former Republican vice-presidential candidate appeared dejected as she left the courthouse in Manhattan.
The case stemmed from a 2017 editorial about gun control that inaccurately suggested Palin may have incited a mass shooting in Arizona in 2011, in which six people were killed and then-congresswoman Gabby Giffords was seriously wounded. The newspaper quickly acknowledged its mistake and published a correction 14 hours after the editorial appeared online.
Palin, 61, who also served as Alaska's governor, sued the newspaper and former editorial page editor James Bennet. Bennet testified tearfully, apologising to Palin and saying he was tormented by the error. The case highlighted the legal standard of 'actual malice', which requires plaintiffs to prove that false information was published knowingly or with reckless disregard for the truth.
Palin's lawyer Ken Turkel argued the mistake was not an honest error but a life-changer for his client, who said she experienced an increase in death threats. However, the Times's lawyer Felicia Ellsworth said there was no evidence of anything other than an honest mistake. Palin told reporters she would get on with life and had not yet discussed an appeal.
The verdict came after a federal appeals court threw out a 2022 verdict in favour of the Times. The case was seen by conservatives as a possible vehicle to challenge the 1964 Supreme Court ruling in New York Times v Sullivan, which established the 'actual malice' standard, but the appeals court said Palin had waived that argument.
