New: A federal judge in New York has denied the @nytimes motion for summary judgment in the defamation case brought by Sarah Palin in 2017. Here is the key passage: 1/
@nytimes The ruling relates to the June 2017 New York Times editorial -- under then-editorial page editor James Bennet -- suggesting that Sarah Palin's PAC had a "link" to the 2011 rampage of Jared Loughner in Arizona. 2/
@nytimes Though the Times issued a prompt correction, Palin sued for defamation, claiming that the editorial was published with "actual malice," a high bar designed to protect speech about public figures such as herself. 3/
Judge Rakoff in 2017 tossed the case, saying it showed, perhaps, negligence by the Times, but not the sort of knowing falsity or reckless disregard to satisfy the actual malice standard. 4/
Palin appealed, securing favorable ruling reinstating the case. In arguments last month, the opposing sides differed over whether Palin supplied enough evidence to prove that Bennet's state of mind upon publishing the material met the requirements of actual malice. 5/
That's a very tough thing to do, as I pointed out in this story: washingtonpost.com/opinions/2020/… But the judge clearly believe that the particulars of the case are a close-enough call to present to a jury. Trial is scheduled for February. 6/
In a statement, New York Times spokeswoman Danielle Rhoades Ha says, "We’re disappointed in the ruling but are confident we will prevail at trial when a jury hears the facts." 7/
As @Hero_Complex points out, the ruling isn't a finding in favor of Palin: 8/
So we won't venture any predictions about how this thing progresses from here. What is clear from the proceedings is that Bennet botched this editorial, in the best possible interpretation of his actions. 9/
As Judge Rakoff noted in his ruling, Bennet blew right past information that could have set him straight on the sensitive piece that he was editing. He resigned in June over the Tom Cotton op-ed, though his actions in this case surely helped to seal his fate. 10/
And whatever the outcome, Palin is owed a strong and personal apology from the Times over this editorial. 11/
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