On June 27, 2017, former Alaska governor and Republican vice presidential nominee, Sarah Palin, filed a defamation lawsuit against The New York Times, seeking, among other things, special and punitive damages. The suit alleged that an editorial published by the Times earlier in June falsely stated that Palin was responsible for inciting the 2011 mass shooting that severely wounded U.S. Congresswoman Gabrielle Giffords and killed six others.

In its editorial, the Times referenced a map published by a political group affiliated with Palin, which was described as showing “Giffords and 19 other Democrats under stylized cross hairs.” These descriptions, and one other aspect of the editorial, turned out to be erroneous, and the Times subsequently issued a two-part correction.

Notwithstanding the retractions, Palin filed suit.

Speaking to Newsweek, Partner Michael Niborski, who specializes in defamation law, explained that Palin may likely have standing in her suit against the Times: “A media defendant does not automatically escape the possibility of liability under a libel claim by issuing a retraction or a correction. Palin’s attorneys will certainly argue that the two corrections were insufficient as a matter of law to even qualify as a correction and retraction. But even if they were, they did not serve to mitigate any of the damage caused to her reputation and feelings by the initial article.”

When asked to comment on Palin’s possible motives for bringing the suit, Niborski opined, “part of the goal of certain plaintiffs is not necessarily to win a libel case, but rather to force media defendants to spend money on defending themselves, and therefore make it less likely that they will target a certain public figure in the future.”

To read the full Newsweek piece, please click here.

More About Niborski’s Practice

Michael Niborski represents businesses, high-profile entertainers, producers and writers involved in all aspects of the entertainment and media industries. His extensive work on defamation cases includes defending Courtney Love in the first wave of libel suits concerning Twitter and MySpace postings, as well as representing Aretha Franklin, Martha Stewart, Steve Wynn and numerous media and entertainment companies in defamation actions.

To learn more about his work, please visit here.