Sarah Palin may have lost the first round in her libel suit against the New York Times after the jury concluded that the former vice-presidential candidate failed to prove that the newspaper acted with “actual malice” when it published an editorial linking her political action committee to the 2011 shooting of 19 people, including former Rep. Gabrielle Giffords, in Tucson, Arizona.
But when Palin appeals, her case has the potential to do more than reverse the jury’s verdict. It could fundamentally change the First Amendment by giving conservative judges what they have wanted for decades: The chance to overturn the Supreme Court’s landmark decision in New York Times v. Sullivan (1964) and its actual-malice standard. That would make it significantly easier for public officials and public figures to sue those who make inaccurate statements about them.
There was an unusual development in the Palin case. While the jury was deliberating, Judge Jed Rakoff announced that if the jury found for Palin, he would overturn that ruling. Several jurors learned of the judge’s decision before the verdict was rendered. The court of appeals and the Supreme Court will likely consider whether that improperly influenced the jury.
