(PresidentialInsider.com)- According to Harvard law professor Alan Dershowitz, in her defamation suit against the New York Times, former Governor Sarah Palin will have an easy time proving the paper defamed her, but a more difficult time proving malice.
Palin sued the New York Times in 2017 after it published an editorial falsely connecting Palin to the 2011 shooting of former Arizona Congresswoman Gabby Giffords.
After the June 2017 baseball field shooting in which a Bernie supporter nearly killed Republican Congressman Steve Scalise, the New York Times published an editorial claiming the link to political incitement was clear in the Giffords shooting.
The editorial claimed Giffords was targeted by gunman Jared Loughner because Sarah Palin’s PAC circulated a map of targeted congressional districts of which Giffords’ district was one using the crosshairs of a rifle scope. The editorial concluded that there was “no sign of incitement” in Scalise’s shooting “as direct as in the Giffords attack.”
Appearing on “Spicer & Co.” on Newsmax last week, Dershowitz suggested that there is no question that the New York Times defamed Palin with this editorial.
However, in a defamation suit, that’s only part of the question. Dershowitz said the other question is, did the New York Times do so maliciously with a reckless disregard for the truth. The Times claims they didn’t and offers as proof the fact that they immediately took down the editorial after it was shown to be false.
At the same time, Dershowitz said he believes there has been a change in attitude among many judges regarding false reporting in the media. He said he believes some judges may be thinking the media “has had too much free reign” and no longer take seriously their “responsibility to seek the truth.”
Given that, Dershowitz suggests that courts might look more favorably on defamation suits bought “by public figures against the media.”
Watch Dershowitz on “Spicer & Co.” HERE.