New Trial of Sarah Palin’s Libel Suit against NYT Begins in NY

Sarah Palin is again in court in a rerun of her libel lawsuit against the New York Times (NYT) that blamed her for a mass shooting in 2011 in Tucson, AZ. The shooting killed six people and injured several others, including Democrat Gabby Giffords, who was then a Congresswoman. The accusatory editorial was published by the NYT in 2017 and placed the blame for the 2011 shooting on Palin.

In the first trial in February 2022, Palin’s lawsuit against the NYT was dismissed by Clinton-appointed Judge Jed Saul Rakoff. While issuing his ruling, the judge did not wait for the verdict of the jury that was still deliberating. The judge’s ruling instantly reached the media and several jurors saw on their phones that the judge had already decided to toss out Palin’s lawsuit.

It was openly a case of botched judgment and seemingly a political ruling that influenced the jurors still on their way toward the verdict. Palin appealed the case and in August 2024, the 2nd Circuit Court of Appeals ruled in favor of Palin by ordering a new trial.

On Monday (April 14), the New York Post (NYP) reported the beginning of the retrial of Sarah Palin’s lawsuit against NYT for libel in the Manhattan court in NY. On Monday morning, a nine-member jury was selected for the trial with the opening statements expected on Tuesday.

Seasoned lawyer Mark Zauderer offered his commentary to NYP on Palin’s case, putting the case in perspective of the libel law and media’s reporting in American history. He underscored the point that the media enjoys free speech protections when it comes to political commentary involving public figures. Thus, Palin would be required to show that when editorializing about her in regard to the Tucson shooting incident, the NYT acted with actual malice or reckless disregard for the truth; showing only that the paper reported something false or wrong isn’t enough in such a libel lawsuit.

What is noteworthy here is that the new trial is before the same judge and in the same court. What biases will be at play against Palin, one can easily imagine.

Earlier this year, CNN lost a defamation lawsuit brought against the channel by a U.S. Navy veteran, Zachary Young who successfully sued CNN in a Florida court for accusing his organization of exploiting the botched withdrawal of U.S. military from Afghanistan in August 2021 under Joe Biden. The jury awarded $5 million to Young while the channel also settled with him for an undisclosed amount.