A federal court in Manhattan on Tuesday reinstated Sarah Palin’s defamation lawsuit against the New York Times, overturning a district court’s ruling which dismissed her claim in 2017. The three-judge panel ruled that the lower court was wrong to use an “unusual process” in determining the validity of Palin’s claim, vacating the decision and sending the case back to the District Court for discovery.
“This case is ultimately about the First Amendment, but the subject matter implicated in this appeal is far less dramatic: rules of procedure and pleading standards,” Circuit Judge John M. Walker wrote.
In 2017, United States District Court Judge Jed S. Rakoff held an evidentiary hearing to determine whether Palin’s complaint against the Times properly alleged all the required elements of a defamation claim. Rakoff then relied on the evidence adduced at that hearing to dismiss Palin’s complaint under the Federal Rules of Procedure 12(b)(6), meaning Palin failed to state a claim upon which relief can legally be granted.
“Nowhere is political journalism so free, so robust, or perhaps so rowdy as in the United States,” Rakoff wrote in the ruling. “In the exercise of that freedom, mistakes will be made, some of which will be hurtful to others.”
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Sara need to be in the Trump team.
Goooooo Sara...! I hope you soak the Times...! They deserve a good behind the woodshed..." whooope'n." I do hope that Sara can stage some sort of comback politically. She has a style that is needed in the RNC party, and takes no prisoners what so ever. Love it...!!!!!!!!!!!!! All truth and no BS.
Go Sarah...
Hope you win big!!
Go Sarah. Hope you get MILLIONS from the scum
Dear Sarah, so beloved by the Constitutional conservatives and other mama bears as well as by men with any taste in women at all. If you win this it will be a victory for all of us. May God be with the right.
Ms. Palin was given a totally bad rap, due in part by john mccain and his leftist campaign staff.mccain was never serious about becoming president, he was just a place holder to keep a real conservative from threatening the marxist muslim obama. Sarah Palin took the challenge seriously, between the rino mccain and his leftist media clowns defaming her at every turn, she never had a chance. When Sarah came to the Raleigh, N.C. Fair Grounds and Collisium, she attracted 10s of thousands of people, I was there. The Colliseum building was packed, it is identical to the Colliseum building in Phoenix, Arizona that will seat 12,000 people and another 3 to 4000 if they allow people to sit or stand on the actual playing floor. There was no room available in the N.C. colliseum, the line to get in was 3 to 4 people wide and snaked around the fair grounds for a mile or more, I would estimate another 8 to 10,000 people, then you had the subrooms and stalls that were packed, another 3 to 4,000 people, people in lines to the port-a-johns, another 800 to 1,000, groups of people standing throughout the fair grounds and entryway, 2 to 3,000. I was there, I could not believe the crowd. The next day the Raleigh News and Observer front page read that she drew only 3,000 people or so, so, you can gather that the News & Observer reporter never left the line to the port-a-john, or was either lying which I believe was the case or just a totally jealous leftist.
Sarah Palin was portrayed by a film called 'Game Changer' as one too stupid to understand the basic issues. She even had to be coached on what WW2 was about. The movie is nothing but a frontal assault on her character and quality as a person, let alone as a candidate for VP.
The Republican Party has, in modern times, developed the horrible habit of putting up the most insipid candidates that they could possibly promote. Palin was pure gold in contrast to that habit. And so is Trump. The democrats are enraged by that fact.
Great post Dale Heathman..... Love the part about..." democrats are enraged...." as they should be. But at same time one had better get a positive chop off that perverbal rattlesnake, cause a wounded snake is a much more dangerous snake. Comparing the jilted democrat party now to the violence we are seeing, and the radicals being exposed for what they are will only make this street brawl we are seeing now only more violitle as we approach November 3rd. . (and oh.....I cannot bring myself to capitalize the word ...democrat either...! Just isn't in me to protray that sort of credence for them. They are lower than a snakes belly anyway........to put it humously I think...