Law professor Rachel Paulose wrote an op-ed for The Spectator about former Alaska governor Sarah Palin's defamation suit against The New York Times.
From the article: Palin’s task in this suit is to show by a preponderance of evidence that NYT published a false statement that was made with actual malice, i.e., “knowledge that it was false or with reckless disregard of whether it was false or not.” Since the Times acknowledged its mistake, albeit without any expression of contrition to Palin, the jury trial will focus on whether NYT purposely veered towards falsehood with ill will towards Palin. This is a high legal standard that is rarely met.
Despite the long odds, Palin already has won one important victory. In 2019, the United States Court of Appeals for the Second Circuit ruled unanimously that federal district court judge Jed S. Rakoff erred in dismissing Palin’s complaint, setting in motion next month’s jury trial in New York City.
