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Winning?
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Topic Started: Jun 28 2017, 12:46 PM (184 Views)
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Jolly
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Jun 28 2017, 12:46 PM
Post #1
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Any chance at all?
http://www.foxnews.com/opinion/2017/06/28/gregg-jarrett-sarah-palin-vs-new-york-times-five-reasons-why-ex-governor-might-just-win-her-case.html
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The main obstacle to a stable and just world order is the United States.- George Soros
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Copper
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Jun 28 2017, 01:09 PM
Post #2
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Lock 'em up.
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The Confederate soldier was peculiar in that he was ever ready to fight, but never ready to submit to the routine duty and discipline of the camp or the march. The soldiers were determined to be soldiers after their own notions, and do their duty, for the love of it, as they thought best. Carlton McCarthy
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Jolly
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Jun 28 2017, 01:26 PM
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Sorry, civil suit. Just money on the line, not liberty....
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The main obstacle to a stable and just world order is the United States.- George Soros
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John D'Oh
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Jun 28 2017, 01:37 PM
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If nothing else, it will get her back in the news, however fleetingly. Of course, I'm sure that thought never occurred to her.
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What do you mean "we", have you got a mouse in your pocket?
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Jolly
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Jun 28 2017, 01:46 PM
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- John D'Oh
- Jun 28 2017, 01:37 PM
If nothing else, it will get her back in the news, however fleetingly. Of course, I'm sure that thought never occurred to her. Oh, it would tickle me spitless. And it would hand Trump another book of Fake News matches to burn The Slimes.
I saw where Woodward was chiding the press just the other day. He essentially said that if they don't back off from printing biased, non-articles about trump, if and when something truly serious is found, nobody will care.
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The main obstacle to a stable and just world order is the United States.- George Soros
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George K
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Jul 10 2017, 04:06 AM
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- Jolly
- Jun 28 2017, 12:46 PM
Any chance at all? Maybe.- Quote:
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In a June 14 editorial, the Times accused Palin of being responsible for Jared Loughner’s murder of six people in Tucson, Arizona. Since then, the Times has issued two corrections to the editorial. Lawyers for Ms. Palin and the newspaper were in court yesterday. The New York Post’s brief account does not make clear the context of the court hearing, but it quotes the newspaper’s lawyer: - Quote:
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Sarah Palin’s defamation lawsuit against The New York Times should be tossed because the paper made “an honest mistake” when it said she incited a 2011 shooting that severely wounded Arizona Rep. Gabby Giffords and killed six people, a lawyer for the Gray Lady said on Friday.
“There was an honest mistake in posting the editorial,” lawyer David Schultz told Manhattan federal Judge Jed Rakoff.
The Times said that Palin’s “incitement,” which it described wrongly, had a “clear” and “direct” connection to the murder of six people and wounding of several more. That is obviously a very serious charge. And yet, as the Times now admits, there is not a shred of evidence to support it. In fact, we don’t know whether the murderer, Jared Loughner, had ever heard of Sarah Palin. There is zero reason to think that he ever saw her political action committee’s map of “targeted” districts. So, how can accusing a person of having a “clear” and “direct” causal connection to six murders, without a shred of evidence, possibly be an “honest mistake”? Isn’t it a textbook case of reckless disregard? Ms. Palin can make a strong argument that the Times editorialists knew that their smear was a lie, based on reporting done by the Times itself. (The editorialists’ defense likely will have to be that they don’t read their own newspaper.) But at a minimum, it seems that the Times editorial was published with reckless disregard for whether it was true or not. It was a product of sheer hatred toward Palin. The “actual malice” standard that applies to defamation cases brought by public figures is often considered to be impossibly high. It has little to do with the usual meaning of the word “malice.” Rather, it requires that a defendant publish a statement that he knows to be false, or about which he has no idea whether it is true or not, and publishes it anyway (“reckless disregard”). Sarah Palin’s lawsuit against the Times is the rare case where it is hard to see how the paper will be able to mount a defense.
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"Now look here, you Baltic gas passer... " - Mik, 6/14/08
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I'd rather listen to an hour of Abba than an hour of The Beatles. - Klaus, 4/29/18
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Mikhailoh
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Jul 10 2017, 04:08 AM
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If you want trouble, find yourself a redhead
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I would love to see that.
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Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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Jolly
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Jul 10 2017, 04:15 AM
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S'marvelous, s'wonderful...
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The main obstacle to a stable and just world order is the United States.- George Soros
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Jolly
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Jul 10 2017, 04:29 AM
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If I were Ms. Palin, I think the fun thing to do would be to pull a few strings and do away with bulk postal rates for newspapers. It's an antiquated delivery system that no longer needs supporting, since papers can be transmitted digitally and printed locally, if needed.
That, and it would tear The Slimes a new one...
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The main obstacle to a stable and just world order is the United States.- George Soros
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George K
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Aug 10 2017, 01:56 PM
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The judge orders the NYT author of editorial to give testimony.- Quote:
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Pending before the Court is the motion of defendant The New York Times Company (the “Timesn) to dismiss pursuant to Rule 12(b) (6), Fed. R. Civ. P., the claim of plaintiff Sarah Palin that she was defamed by a Times editorial that appeared on or about June 14, 2017. One close question presented by that motion is whether the Complaint contains sufficient allegations of actual malice, an essential element of the claim. To a large extent, determination of that issue may turn on what inferences favorable to the plaintiff are reasonable given the circumstances alleged in the Complaint. For example, the Complaint alleges that the allegedly false statements of fact that are the subject of the Complaint were contradicted by information already set forth in prior news stories published by the Times. However, these prior stories arguably would only evidence actual malice if the person(s) who wrote the editorial were aware of them. This is information peculiarly within the knowledge of defendant; but on it arguably depends the reasonableness vel non of inferring actual malice.
Accordingly, to help inform the Court of what inferences are reasonable or unreasonable in this context, the Court, pursuant to Rule 43(c), will convene an evidentiary hearing on Wednesday, August 16 at 2:00 PM EST. At the hearing, defense counsel must produce the author(s) of the editorial, who (or each of whom, if there is more than one author) will be examined under oath by defense counsel for no more than thirty (30) minutes, to be followed by cross-examination of plaintiff’s counsel of no more than forty-five (45) minutes, to be followed by no more than fifteen (15) minutes of redirect by defensecounsel. The Court also may question each such witness.

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"Now look here, you Baltic gas passer... " - Mik, 6/14/08
Nothing is as effective as homeopathy.
I'd rather listen to an hour of Abba than an hour of The Beatles. - Klaus, 4/29/18
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Mikhailoh
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Aug 10 2017, 02:12 PM
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If you want trouble, find yourself a redhead
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I'm a huge believe in freedom of the press, but truthiness is important.
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Once in his life, every man is entitled to fall madly in love with a gorgeous redhead - Lucille Ball
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George K
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Aug 29 2017, 02:15 PM
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A federal judge in Manhattan on Tuesday dismissed Sarah Palin's defamation lawsui- Quote:
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"Nowhere is political journalism so free, so robust, or perhaps so rowdy as in the United States," Judge Jed Rakoff wrote in an opinion dismissing the case. "In the exercise of that freedom, mistakes will be made, some of which will be hurtful to others."
The New York Times celebrated the decision.
"Judge Rakoff's opinion is an important reminder of the country's deep commitment to a free press and the important role that journalism plays in our democracy," a Times spokesperson said in a statement. "We regret the errors we made in the editorial. But we were pleased to see that the court acknowledged the importance of the prompt correction we made once we learned of the mistakes. In the words of the court, 'if political journalism is to achieve its constitutionally endorsed role of challenging the powerful, legal redress by a public figure must be limited' to cases where there is something more than an honest mistake."
Palin sued the newspaper earlier this summer over an editorial that drew a link between an advertisement from Palin's political action committee and a 2011 shooting in Tucson, Arizona, in which six people were killed and then-Congresswoman Gabrielle Giffords was severely wounded.
In the editorial, which was published online the day of the shooting at a congressional baseball practice this June, the editorial board suggested that Jared Lee Loughner, the man who carried out the Tucson massacre, was incited by a map from Palin's PAC's ad, which placed crosshairs over the congressional districts of several Democratic lawmakers, including Giffords'.
There is, in fact, no evidence that Loughner even saw the map, much less that he was motivated by it. The Times issued a correction the next day, but Palin filed her suit two weeks later.
Although it owned up to its error, the Times vowed to fight the case, asserting that the First Amendment protects its writers in such cases. Palin's attorneys argued that James Bennet, the editorial page editor who wrote the offending language in the piece, had displayed a reckless disregard of the facts, and claimed that the Times had an economic incentive to invoke Palin's name for clicks. In a motion to dismiss the case, lawyers for the Times called this premise implausible.
On Tuesday, Rakoff ruled in favor of that motion.
"Responsible journals will promptly correct their errors; others will not," Rakoff wrote. "But if political journalism is to achieve its constitutionally endorsed role of challenging the powerful, legal redress by a public figure must be limited to those cases 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. Here, plaintiff's complaint, even when supplemented by facts developed at an evidentiary hearing convened by the Court, fails to make that showing."
Lawyers for Palin did not respond to a request for comment.
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A guide to GKSR: Click
"Now look here, you Baltic gas passer... " - Mik, 6/14/08
Nothing is as effective as homeopathy.
I'd rather listen to an hour of Abba than an hour of The Beatles. - Klaus, 4/29/18
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Jolly
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Aug 29 2017, 02:42 PM
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Personally, I think it a bad ruling.
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The main obstacle to a stable and just world order is the United States.- George Soros
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