2024-08-29 01:04:55
A three-judge federal appeals court on Wednesday overturned a 2022 ruling that acquitted Sarah Palin, the former governor of Alaska and a champion of American civil rights, in her corruption case against New York Times.
Free Word Questions
If the decision opens the way for a new trial between the two parties, it also raises important questions about the freedom of expression in the United States, the famous “freedom of speech” that appears in the United States constitution (Amendment 1st).
To understand this whole story properly, we have to go back to June 2017 and the publication of the editorial by the New York Times. The newspaper made a link between the shooting that took place in 2011 in Arizona, which seriously injured the elected Democrat Gabrielle Giffords, and the announcement by a committee that supported Sarah Palin. That ad shows Giffords’ neighborhood marked with a cross-related symbol, suggesting possible incitement to violence.
Disgraceful clothing
But on the day it was published, the New York Times corrected its statement, realizing that there was no evidence to prove that the 2011 shooter was influenced by this ad. Despite this correction, Sarah Palin decided to sue the magazine for defamation, saying that this book had damaged her name.
The trial that took place in early 2022 in Manhattan attracted attention because it was seen as a test for press freedom in the United States. Indeed, to win a defamation case, citizens must prove not only that the published information is false, but also that it was disseminated with “genuine malice”, that is to say with knowledge or with willful disregard for truth.
First judge too biased?
Jurors in the 2022 trial ultimately rejected Sarah Palin’s complaint, finding that she had failed to prove “real dwarfism.” But today, a federal appeals court overturned the ruling, criticizing Judge Jed Rakoff, who presided over the trial.
The judge would have failed in his duty of impartiality because he indicated even before the jury’s deliberations that he intended to dismiss Sarah Palin’s complaint, regardless of the jury’s decision. This statement was deemed inappropriate and ultimately led to the verdict being overturned. However, the appeals court ruled that Judge Jed Rakoff could still chair the panel.
“We are confident that the judge will adhere to the principle of, and the appearance of, complete impartiality in carrying out his future judicial responsibilities in this case,” they wrote.
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