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Judge dismisses Palin defamation case against New York Times
The Hill ^ | 08/29/2017 | Jacqueline Thomsen

Posted on 08/29/2017 12:12:47 PM PDT by GIdget2004

A federal judge dismissed Sarah Palin’s defamation lawsuit against The New York Times on Tuesday, according to multiple media reports.

Palin sued The Times for defamation after an editorial in the newspaper on mass shootings tied an ad run by the former vice presidential nominee to the 2011 shooting of former Rep. Gabrielle Giffords (R-Az.).

(Excerpt) Read more at thehill.com ...


TOPICS: Breaking News; News/Current Events
KEYWORDS: defamation; fishwrap; getpalin; lawsuit; libel; lies; media; msm; newyork; newyorktimes; nyt; palin; palinlawsuit; sarahpalin; smearcampaign; therealwaronwomen; waronsarah
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To: Puppage

Evidently did get a good draw on a judge.


61 posted on 08/29/2017 3:22:42 PM PDT by xzins ( Support the Freepathon! Every donation is important.)
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To: Bernard Marx
I thought actual malice applied to libel cases only, not defamation.

"Defamation" is the overall term for libel (written) and slander (oral). Both require proof of actual malice in the case of a plaintiff who is a public figure.

62 posted on 08/29/2017 3:28:21 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Captain Jack Aubrey
This will be reversed on appeal.

Not likely. It is virtually impossible under current law for a public figure to win a libel case.

63 posted on 08/29/2017 3:29:49 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Captain Jack Aubrey
This will be reversed on appeal.

Reversed by the 2nd Circuit? Not likely.

64 posted on 08/29/2017 3:33:42 PM PDT by DoodleDawg
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To: Enlightened1

Probably both


65 posted on 08/29/2017 3:35:12 PM PDT by Cementjungle
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To: TTFlyer
Gaydar pegged.

Judge Rakoff has been married since 1974 and has 3 children.

66 posted on 08/29/2017 3:38:21 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Doesn’t mean anything.


67 posted on 08/29/2017 3:45:29 PM PDT by TTFlyer
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To: TTFlyer

Then what is your evidence that he’s gay?


68 posted on 08/29/2017 3:50:38 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Bernard Marx

“I thought actual malice applied to libel cases only, not defamation.”

Libel is written defamation, slander is spoken defamation. Both are defamation.

A “motion to dismiss” (MTD) asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.
Judges weigh law, juries weigh facts.
A motion for summary judgment (SJ) is difficult to get. A civil defendant usually follows an unsuccessful MTD with a SJ motion because a MTD is rarely granted.

The left doesn’t want this going before a jury. She should appeal. Sarah’s the only reason Juan McLame wasn’t blown completely out of the water in 2008.

The left defamed Sarah Palin every day and in every way. The NYT was saying in this article, basically, that she was urging violence; they knew the impression this article would make with their average reader.
The NYT story damaged her reputation with the part of the country that still actually reads that fishwrap, with non-readers who saw the article posted elsewhere and with `least sophisticated readers’.


69 posted on 08/29/2017 4:00:31 PM PDT by tumblindice (America's founding fathers: all armed conservatives)
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To: From The Deer Stand
“Anyone who believes politics doesn’t enter the judiciary is a moron.”

The judiciary IS politics, as much or more than any other branch of government. Just another way the glut of law school graduates in government can make pathetic decisions and screw things up.

70 posted on 08/29/2017 4:10:04 PM PDT by neverevergiveup
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To: GIdget2004

If the NYT maliciously published an article defaming Palin, does issuing an apology later erase that malicious defamation? I don’t think so.

Wrong judge and I don’t know if there is a federal judge who would judge rightly here. So many of them are Obama stooges.

God, I pray Trump will correct this blight of unjust judges in our land and restore right judgment in America.


71 posted on 08/29/2017 4:11:06 PM PDT by Jim W N
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To: kiryandil

Rule of Lucille,

-x-x-x-

Any relation to Jungle Rules?


72 posted on 08/29/2017 4:17:08 PM PDT by S.O.S121.500 (Had ENOUGH Yet ? ........................ Enforce the Bill of Rights .........It is the LAW...)
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To: Bernard Marx

Aren’t libel and defamation synonyms in the area of law?


73 posted on 08/29/2017 4:26:55 PM PDT by Theodore R. (Let's not squander the golden opportunity of 2017.)
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To: SaveFerris

Yep


74 posted on 08/29/2017 4:42:50 PM PDT by ZULU (DITCH MITCH!!! DUMP RYAN!! DROP DEAD MCCAIN!! KIM FATTY the THIRD = Kim Jung Un)
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To: Lurking Libertarian

Who are you his frickin’ brother? Or are you looking for a date?


75 posted on 08/29/2017 4:49:57 PM PDT by TTFlyer
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To: TTFlyer
Who are you his frickin’ brother? Or are you looking for a date?

Neither. Just a lawyer who has appeared in Judge Rakoff's court and found him to be both scholarly and honorable.

76 posted on 08/29/2017 5:01:37 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
-- Then what is your evidence that he's gay? --

He's also a crook. NYT bribed him to deliver this result.

And by this crooked liars logic, that can't be defamation, because I am anonymous.

77 posted on 08/29/2017 5:12:18 PM PDT by Cboldt
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To: Lurking Libertarian

Honorable? Are you serious? The NYT defamed and slandered Sarah Palin and this “honorable” Judge dismisses the case? Wow, what a scholar. What a man.

Thank for the reminder of why the average person rates lawyers down there with vipers, poisonous spiders, and other vermin.


78 posted on 08/29/2017 5:28:16 PM PDT by TTFlyer
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To: DoodleDawg
...where the public figure has a plausible factual basis for complaining that the mistake was made maliciously, that is, with knowledge it was false or with reckless disregard of its falsity.

Fine. Let the plaintiff make the case in front of a jury. Because the slimes did know it was false.

79 posted on 08/29/2017 5:32:07 PM PDT by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: GIdget2004

If this was not a case of “malice” displayed in a wildly inaccurate article against a public figure then the word “malice” has no meaning anymore, legal or otherwise. The NY Times showed by its own “news” reporting that the editorial later published was a total LIE. If a publication does not even need to consult its own published version of the “facts” then facts and objectivity have been completely destroyed.


80 posted on 08/29/2017 5:33:53 PM PDT by Enchante
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