Palin Casts Times as ‘Goliath,’ and Project Veritas May Agree

Governor Palin invoked the biblical giant when telling jurors that she felt at the mercy of the Times in 2017, after an editorial in the paper suggested she helped incite a mass shooting.

A courtroom sketch of erstwhile New York Times editorial page editor James Bennet. AP Photo/Elizabeth Williams.

The New York Times on Thursday reported a court win in its libel case against a competitor news agency, Project Veritas, even as the Gray Lady was described by Governor Palin, testifying in another libel case, as a “Goliath.”

The Alert Alaskan invoked the biblical giant when telling jurors that she felt at the mercy of the Times in 2017, after an editorial in the paper suggested her campaign rhetoric helped incite a mass shooting that killed six and nearly claimed the life of Congresswoman Gabrielle Giffords.

While Mrs. Palin’s case is being tried in federal court, a New York state appeals court handed the paper a victory in its dispute with rival publisher Project Veritas. The ruling allows, at least for now, the Times to print certain Veritas documents that the newspaper’s reporters had obtained.

Veritas had argued the documents — memos written by the organization’s lawyer — were protected by attorney-client privilege. A trial court judge agreed with Veritas and had placed a prior restraint on the Times, enjoining publication of the memos.

Thursday’s action stays the district court ruling, lifting the restraint on the Times “until a formal appeal could be heard,” the paper reports.

“We’re pleased with today’s decision to stop the enforcement of prior restraint while the case is being appealed and we look forward to explaining our position in the appeal,” a Times spokeswoman said, calling the prior restraint “unconstitutional.”

Meanwhile, Mrs. Palin used her second day on the witness stand to accuse the Times of deliberately fabricating lies that hurt her reputation — the basis of her lawsuit accusing the newspaper of libel.

“It was devastating to read a false accusation that I had anything to do with murder,” Mrs. Palin said. “I felt powerless — that I was up against Goliath. The people were David. I was David.”

She added: “When you know lies are told about you … that causes some stress. Hard to get a good night’s sleep.”

Mrs. Palin sued the Times for unspecified damages in 2017, a decade after she burst onto the national stage as the Republican vice presidential nominee. She alleged that the newspaper had damaged her career as a political commentator and consultant.

The editorial in which she claims she was libeled was about gun control. It was published after Representative Steven Scalise, a Louisiana Republican, was wounded when a man with a history of anti-GOP activity opened fire on a congressional baseball team practice in Washington.

In the editorial, the Times wrote that before the 2011 mass shooting in Arizona that severely wounded Ms. Giffords and killed six others, Mrs. Palin’s political action committee had contributed to an atmosphere of violence by circulating a map of electoral districts that put Ms. Giffords and 19 other Democrats under stylized crosshairs.

On Thursday, Mrs. Palin said her view was, “The New York Times, the be all and end all, the loud voice in the media, had … taken a knee-jerk reaction and tried to score political points, trying to politicize horrific violence.”

In a correction two days after the editorial was published, the Times said the editorial had “incorrectly stated that a link existed between political rhetoric and the 2011 shooting” and that it had “incorrectly described” the map.

The jury will have to decide whether a former Times editorial page editor, James Bennet, acted with “actual malice,” meaning he knew what he wrote was false, or with “reckless disregard” for the truth when he inserted the disputed wording into the piece.

Mr. Bennet testified Wednesday that he botched the edit — “I’ve regretted it pretty much every day since” — but meant no harm.

The Times lawyers have argued Mrs. Palin’s brand has not suffered from the episode, pointing out that she still appears on Fox News, gets hired for speaking engagements, and has occasional paid gigs on TV shows including “The Masked Singer.”

When asked about the show on cross-examination Thursday, she said, “It was the most fun 90 seconds of my life.”


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