URGENT: Sarah Palin Just Got Horrible News… Let’s Send Her Some Prayers

Dean James III% AMERICA’S FREEDOM FIGHTERS –

Sarah Palin’s defamation case against the New York Times was tossed Tuesday after a liberal Manhattan federal judge found that the former Alaska governor failed to prove that the newspaper knew it was publishing false statements.

It’s important to note that Judge Jed Rakoff was nominated by President Bill Clinton to fill a seat on the United States District Court for the Southern District of New York vacated by David N. Edelstein.

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“Nowhere is political journalism so free, so robust, or perhaps so rowdy as in the United States,” Judge Jed Rakoff said. “In the exercise of that freedom, mistakes will be made, some of which will be hurtful to others.”

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“What we have here is an editorial, written and rewritten rapidly in order to voice an opinion on an immediate event of importance, in which are included a few factual inaccuracies somewhat pertaining to Mrs. Palin that are very rapidly corrected. Negligence this may be; but defamation of a public figure it plainly is not,” Rakoff said.

He said if political journalism is to achieve its constitutionally endorsed role of challenging the powerful, lawsuits by public figures must be limited to when there is a “plausible factual basis for complaining that the mistake was made maliciously.”

The editorial also claimed, incorrectly, that a now-infamous ad from Palin’s political action committee put “Giffords and 19 other Democrats under stylized cross hairs[sic].” The Times also corrected that statement, admitting that the crosshairs on the map targeted “electoral districts, not individual Democratic lawmakers.”

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“The Times used its false assertion about Mrs. Palin as an artifice to exploit the [Scalise] shooting,” Palin’s attorneys stated in the suit.

“The Times published and promoted its Editorial Board’s column despite knowing … the false assertion that Mrs. Palin incited [Tucson shooter Jared] Loughner to murder six people,” the suit added. “In doing so, the Times violated the law and its own policies.”

No evidence ever emerged to show Loughner ever saw or was inspired by the ad, according to the judge.

Rakoff found that Palin failed to prove anyone at the paper wrote the editorial with malice, which is the legal standard required for proving defamation.

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The judge cited testimony earlier this month from New York Times editorial page editor James Bennet, who claimed responsibility for the debacle but who said it was an honest mistake.

“Such behavior is much more plausibly consistent with making an unintended mistake and then correcting it than with acting with actual malice,” Rakoff said of the paper’s moves to correct its mistake.

“There is not a shred of factual support, either in the complaint or in the evidentiary hearing, for the supposition that considerations of attracting readership ever entered Mr. Bennet’s mind when he was drafting this particular editorial. Indeed, if that were his goal, one would have expected him to mention Mrs. Palin’s name more than once in the editorial or use her name in the social media promoting the editorial, neither of which was done,” Rakoff said.

Throughout his judicial career, Rakoff has sat regularly by designation on the Second Circuit Court of Appeals. In addition, since 2011, Rakoff has regularly sat by designation on the Ninth Circuit Court of Appeals, as well as occasionally on the Third Circuit Court of Appeals.

Filthy stinking liberal.

God Bless.

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Dean James III% AMERICA’S FREEDOM FIGHTERS

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