Posted on 02/14/2022 10:24:21 PM PST by conservative98
“Falsely accusing someone of a crime is defamation on its face.”
The burden of proof requires that Palin prove not only did the NYT print a falsehood that could damage her reputation, but they did in on purpose ‘with malice’. This is a very high bar and it is why celebrities rarely can win such a legal battle.
Nicolas Sandmann has been been able to prevail because he wasn’t ‘famous’ when the defamations against him were published.
Earlier thread on this topic had more germane comments towards the end. Judge wants jury verdict to be able to pass up to the appellant court for consideration, and final disposition if they go with a decision for Palin.
Because the Circuit Court will not like him undercutting their decision that the case go to trial and get a jury verdict. It’s not smart to piss off your superiors, and that’s what the trial court did.
When the Court of Appeals reverses the trial Judge, there will be language that includes a “bench slap”.
I get what you’re saying, now. He’s painted them into a corner.
Trying desperately not to be Arkancided.
He has not painted the Circuit Court of Appeals into a corner. He has only delayed the inevitable, and will embarrass himself in the process.
He would not have done this if he really believed Palin’s lawsuit had no merit. He did it because he knows her case has a great deal of merit.
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