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Sarah Palin, former governor of Alaska, speaks during the Conservative Political Action Conference in Maryland in 2015. Sarah Palin, former governor of Alaska, speaks during the Conservative Political Action Conference in Maryland in 2015. Photo: Andrew Harrer/Bloomberg

The New York Times on Tuesday petitioned the Second U.S. Circuit Court of Appeals for an en banc rehearing of a panel decision to revive Sarah Palin’s defamation suit, which targets the paper over a since-corrected editorial that linked her political action committee to a 2011 mass shooting that left a former congresswoman seriously injured.

Attorneys for the Times argued the Aug. 6 opinion from a three-judge Second Circuit panel “misapprehended two bedrock First Amendment principles” concerning allegations of actual malice and protected statements of opinion and said that, if not corrected, the opinion would have the effect of dampening political debate.

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Tom McParland

Tom McParland of New York Law Journal can be contacted at [email protected] Follow him on Twitter @TMcParlandALM.

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