[T]he Complaint alleges that the allegedly false statements of fact that are the subject of the Complaint were contradicted by information already set forth in prior news stories published by the Times. However, these prior stories arguably would only evidence actual malice if the person(s) who wrote the editorial were aware of them. This is information peculiarly within the knowledge of defendant; but on it arguably depends the reasonableness vel non of inferring actual malice.So they apparently did not research their claim that Sarah Palin incited Loughner to commit mass murder in his attempt to kill Rep. Gabby Giffords. That is a tragic admission of negligence--one of the necessary grounds for a public figure to win a libel suit.
Friday, August 11, 2017
New York Times Admits Its Editorial Writers Do Not Read Their Own Paper
8/10/17 PowerlineBlog points to a tragic admission in the defamation suit by Sarah Palin against the New York Times. The judge hearing the case observes:
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With any luck that negligent lack of research will be enough to show the lack of an absence of malice, the standard set in that famous case.named after this very newspaper.
ReplyDeleteIf this stands, the newspaper that doubtless believed that that standard made them invulnerable to suits by public figures, will have to pay for its arrogance.
Schadenfreude!