Palin Takes on N.Y. Times in Trial Targeting Press Protections

February 3, 2022Media Mention
Bloomberg Law

Doug Mirell, litigation partner and First Amendment expert, shared commentary with Bloomberg Law regarding the trial of Sarah Palin’s lawsuit against The New York Times. Palin alleges her reputation was harmed by a 2017 editorial for which the Times published a correction that she deemed inadequate. Palin has the burden of proving that the editorial was originally published knowing it to be false or with reckless disregard for its truth – the standard established by the U.S. Supreme Court’s landmark 1964 decision in New York Times v. Sullivan for imposing liability when public figures such as Palin sue for defamation.


“Suing the Gray Lady in the Gray Lady’s hometown is a pretty audacious thing to do,” said Douglas Mirell. [...] “It’s the media center of the world.”

But Murdoch-owned outlets could also face greater peril if the Sullivan standard were weakened. Mirell said that any such move would likely unite all quarters of the press.

“There will be a huge outpouring of support from big and small, left and right media outlets” on appeal if the Times loses at trial, he predicted.

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