In 2017, U.S. District Judge Jed Rakoff dismissed a defamation lawsuit brought forth by Sarah Palin against the New York Times (Times). The judges ruled that Palin could not show any “actual malice” on the part of the NYT.
Palin claimed the paper knowingly linked one of her PAC’s ads that showed crosshairs over several Democratic controlled Congressional districts that ultimately resulted in a shooting that occurred at a Gabby Gifford held event in AZ. The Times corrected the mistake and later issued an apology.
On Tuesday, a unanimous, three-judge panel of the U.S. Court of Appeals for the Second Circuit Court reversed the earlier ruling based primarily on a procedural issue and not the merits of the case. This time, the Court held that Palin should have the right to prove the “actual malice” element. They advised the case move ahead to full discovery.
