Sarah Palin’s libel lawsuit against The New York Times was already unusual in that it made it all the way to trial, whereas most libel lawsuits settle outside of court. The lawsuit recently became even more noteworthy when the defense attorneys asked the court to rule in their favor, even if the jury ruled in Palin’s favor, and Judge Rakoff said he would. The decision effectively nullified the jury’s decision before the jury had a chance to reach a decision.
The jury did rule in favor of The New York Times, but there is no longer any way to tell whether their decision was influenced by the judge expressing his willingness to overrule their decision if they ruled in Palin’s favor. The judge’s announcement certainly put the jury in an awkward position, since they were instructed to stay away from news about the case to avoid swaying their decision, but they were most likely able to read reports of the judge’s decision prior to making their own.
Nevertheless, Judge Rakoff’s ruling is not surprising. He had dismissed the case back in 2017, but in 2019 an appellate court reversed his decision and sent the case back to his court.
Palin and her legal team viewed this lawsuit as an opportunity to weaken the protections the First Amendment extends to news outlets so they can report without fear of a lawsuit like this one making it to trial. The lawsuit is one of many filed by right-wing figureheads against various news outlets in an attempt to silence those outlets. Continue reading ›