“Publishers are not liable for honest mistakes...”

A jury has found that The New York Times did not defame Sarah Palin when it published an editorial on 14th June 2017. Palin had sued the newspaper for libel over a sentence in the editorial falsely implying that her campaign had encouraged the 2011 shooting of fellow politician Gabby Giffords: “Before the shooting, Sarah Palin’s political action committee circulated a map of targeted electoral districts that put Ms. Giffords and 19 other Democrats under stylized cross hairs.”

The newspaper had swiftly apologised for the editorial — “We got an important fact wrong, incorrectly linking political incitement and the 2011 shooting of Giffords” — and inserted a clarification into the online version of the article the day after its original publication: “no connection to the shooting was ever established.” The initial libel case ended on 15th February 2022, when a jury concluded that the editorial was not defamatory.

Palin appealed against that verdict, and she was granted a retrial on 28th August last year. Yesterday, the week-long retrial ended with a different jury reaching the same conclusion, that the newspaper did not intentionally defame Palin. After yesterday’s verdict, New York Times spokesperson Danielle Rhoades Ha said: “The decision reaffirms an important tenet of American law: publishers are not liable for honest mistakes.”