A Manhattan-based appeals court on Tuesday revived Sarah Palin’s defamation suit against The New York Times over a since-corrected editorial that said her political action committee was partly to blame in a 2011 mass shooting that left former U.S. Rep. Gabby Giffords, D-Arizona, seriously injured.
A unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit reversed a 2017 decision by U.S. District Judge Jed Rakoff of the Southern District of New York to dismiss Palin’s suit over a Times editorial linking rhetoric used by her PAC—which included the use of crosshairs to target congressional districts to flip from Democratic to Republican—to the act of gun violence. Rakoff had reasoned that Palin could make no showing of actual malice on the part of the Times.
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