Palin vs. The New York Times: A defamation battle heads for retrial

Sarah Palin and the New York Times are exploring the possibility of settling her defamation lawsuit against the newspaper, as indicated by their attorneys on Tuesday. This information emerged during a phone conference in which U.S. District Judge Jed Rakoff in Manhattan set a retrial date for April 14, 2025. This decision follows a federal appeals court’s ruling in August that overturned a February 2022 verdict in favor of the Times, citing that it was influenced by several erroneous rulings made by the judge.

Palin, now 60, initiated her lawsuit in 2017 over an editorial that inaccurately implied she may have inspired a 2011 mass shooting in Arizona that resulted in six fatalities and left Democratic Congresswoman Gabrielle Giffords severely injured. Although the Times quickly corrected the editorial, Palin claimed it harmed her reputation and sought damages. James Bennet, the Times’ former editorial page editor, is also named as a defendant in the case.

Lawyers for both Palin and the Times had requested a retrial in July 2025 to better accommodate their schedules and allow additional time for negotiations. While neither party confirmed that discussions were currently taking place, the Times’ attorney David Axelrod mentioned that a “non-trial disposition” of the case was possible, suggesting that a trial might not be necessary at all. Palin’s attorney, Kenneth Turkel, expressed that both sides were open to exploring settlement options.

Judge Rakoff proposed the involvement of a magistrate judge or mediator, stating that if both sides were genuinely interested in reaching a settlement, it could potentially be resolved within days. Turkel refrained from providing further comments following the conference. A spokesperson for the Times, Charlie Stadtlander, stated via email that while the newspaper is preparing for a retrial, the court expects parties in litigation to discuss the possibility of a resolution.

In restoring Palin’s case, the 2nd U.S. Circuit Court of Appeals in Manhattan criticized Rakoff for improperly excluding evidence that Palin believed demonstrated the Times’ “actual malice” and for wrongly instructing jurors on the level of proof she needed to win the case. The court also flagged concerns over Rakoff announcing his intention to dismiss the case during jury deliberations, which jurors learned about through news alerts on their phones.

Palin and critics of the media have interpreted this case as a potential means to challenge the 1964 U.S. Supreme Court decision in New York Times v. Sullivan, which set a high bar for public figures to successfully prove defamation. This ruling necessitates proof that the media acted with “actual malice,” meaning they intentionally published false information or disregarded the truth recklessly. Two conservative justices on the current Supreme Court, Clarence Thomas and Neil Gorsuch, have suggested reevaluating the Sullivan decision.

Palin served as Alaska’s governor from 2006 to 2009 and was the running mate of the late Republican Senator John McCain during the 2008 U.S. presidential election. Judge Rakoff initially aimed for a retrial by February 2025 but was surprised when Axelrod suggested a July date.