Judge Jed S. Rakoff came up with a curious legal version of a palindrome for Palin. Rakoff announced that, regardless of their verdict, he would again dismiss the case. In Rakoff's courtroom it would read the same: no liability for the New York Times...thehill.com/opinion/judici…
The Times helped create this standard as the victim of a bias campaign. The status is far less obvious today. The Times has become the very thing that the original decision sought to combat. The Times often uses this protection to shield false attacks on political opponents...
While the win for The Times is ordinarily a cause for celebration in the interests of journalism, even Judge Rakoff expressed mixed feelings about the dismissal in light of the conduct of the editors...
...The Times ultimately prevailed on the basis of the higher standard that it helped create decades ago. Yet, it leaves open the question of whether a little more liability might go a long way in reinforcing journalistic values.
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