Sarah Palin tests positive for COVID, delaying trial against 'New York Times'

搜索

复制

Sarah Palin tests positive for COVID, delaying trial against 'New York Times'

Transcript¹

Sarah Palin's defamation² lawsuit³ against The New York Times, scheduled to open Monday, was pushed back until at least Feb. 3 after her attorneys informed the presiding judge that she tested positive for COVID-19.

U.S. District Court Judge Jed Rakoff informed those in attendance Monday morning that the Republican former governor and vice⁴ presidential candidate had tested positive.

"She is, of course, not vaccinated⁵," Rakoff said. Late last year, Palin said she would be vaccinated against COVID-19 only "over my dead body."

A second test after an hour's recess⁶ offered another positive result Monday morning, persuading Rakoff to put the trial's start off despite concerns from the newspaper's legal teams that it was one more delay in a case that was filed more than four years ago.

Before doing so, however, Rakoff issued a few rulings that seemed to favor The Times. He disqualified an expert witness Palin's attorneys had proposed to call and said jurors would not hear about the details under which former Times editorial page editor James Bennet was forced to leave. Bennet departed under duress⁷ in 2020, several years after the editorial that prompted this suit.

As Palin's political career first unfurled on the national scene in 2008, she frequently criticized what she called the "lamestream media," saying it was unfair to her and took pains to cast her in the worst possible light.

Once the trial starts back up, Palin will get her day in court against The Times, one of the most august titles in American journalism⁸. The case pits First Amendment⁹ protections for robust¹⁰ free speech against the right of someone not to be defamed, that is, the right not to have damaging and untrue claims made publicly against her, even if she's a prominent public figure. It is also likely to shine an unwanted light into the behavior of the nation's leading newspaper when it's under deadline pressure.

"It's going to be ugly," says Lucy Dalglish, a First Amendment attorney who is dean of the University of Maryland Merrill College of Journalism. If you're a news outlet¹¹, Dalglish says, "you really never want a libel case to go to trial. It's hard to win. It can be done, but they're hard to win."

There is no argument or ambiguity¹² here about the facts: What the Times originally published was wrong.

The case centers on a June 2017 editorial that wrongly asserted a link between an ad made by Palin's political action committee six years earlier and a 2011 mass shooting in Arizona, in which six people were killed and several others wounded, including Democratic Congresswoman Gabby Giffords.

Editorial writer Elizabeth Williamson drafted the piece the day of another mass shooting, this time at a congressional baseball practice outside Washington, D.C. A man who was a supporter of liberal causes seriously wounded U.S. Rep. Steve Scalise, a top Republican from Louisiana, and injured five others.

Opinion editor added passages to editorial

Williamson's boss, then-Times editorial page editor James Bennet, sought a more sweeping¹³ editorial, one that argued for greater gun control laws and against the use of heated political rhetoric¹⁴ and incitement¹⁵, as he explained in a deposition¹⁶ later on.

So Bennet added a passage to the editorial saying that "the link to political incitement was clear" between Palin's ads and the shooting in Tucson, Ariz. In fact, an ABC News story that the online version of the Times editorial linked to stated there was no proof that the gunman had seen the material from Palin's political action committee.

Additionally, the editorial mischaracterized the Palin committee's ad. The graphic¹⁷ showed crosshairs targeting 20 congressional districts, represented by Democrats¹⁸, including Giffords' in Arizona, on a map of the U.S. But it did not place crosshairs over images of the lawmakers themselves, as the Times originally suggested.

The newspaper posted the editorial, titled "America's Lethal¹⁹ Politics," the night of the Scalise shooting. Social media erupted. A columnist²⁰ for the Times, Ross Douthat, alerted Bennet to the errors; Bennet texted Williamson, "The right is coming after us over the Giffords comparison. Do we have it right?" Both the writer and the editor took responsibility in a text exchange the next morning. Bennet wrote, "I feel lousy about this one — I just moved too fast. I'm sorry."

The Times revised its stories, posted corrections and tweeted an austere²¹ apology the next day that did not mention Palin by name. Her attorneys called the tweets "half-hearted." Days later, Palin filed suit.

Despite Times' mistakes, Palin has a high bar to meet

"It's going to be great courtroom theater," says William Grueskin, a former top editor at the The Wall Street Journal and Bloomberg News who has written about the case for the Columbia Journalism Review. "You're going to have Sarah Palin up there on the stand. You're going to have some of the top people at the Times -- at least of the opinion section. I don't see how that can fail to be interesting."

Palin's attorneys have alleged²² that Bennet had demonstrated a desire to attack Palin — pointing to posts on The Atlantic's site from years earlier, when Bennet was editor, by blogger Andrew Sullivan questioning details about the birth of her youngest child. Grueskin says he did not see anything in the court file to support that claim, noting Bennet's swift public correction and private contrition²³.

Yet, Grueskin, now on the faculty²⁴ of Columbia University's journalism school, notes that the idea Palin had inspired the shooter in Arizona had been examined and discounted years earlier — including in the pages of the Times.

To prevail in court, Palin must convince the jury that Bennet and the Times acted with actual malice²⁵ — that is, they knew what they wrote in the editorial was false or that they recklessly disregarded whether the claims were true or not. That standard emerged from a landmark²⁶ 1964 Supreme²⁷ Court ruling, also involving The New York Times.

"In our view, this was an honest mistake," David McCraw, the Times' deputy general counsel, told The Washington Post's Erik Wemple in 2019. "It was not an exhibit of actual malice."

Typically, misstatements about a well-known person, especially someone holding senior political office, are given greater protection under the law than those about private individuals. And the trial judge, Jed Rakoff, initially²⁸ dismissed Palin's suit, saying she hadn't adequately alleged a cause of action. She appealed, and the appellate court sent it back to him to review once more. Under the new instructions, the case moved forward.

"Ordinarily, it's very tough to libel a public official or a public figure," Dalglish says. "When you're dealing²⁹ with a libel case that involves something that is supposed to be an opinion piece, things can tend to get messy."

Proving harm vs. sending a message

Attorneys for the Times had sought to bar any discussion in court of the other controversies³⁰ that surrounded Bennet in his four years as editorial page editor.

In his relatively³¹ brief tenure³², Bennet was slammed by critics on the left and the right for his choice of writers to hire and pieces to publish as he sought to expand the range of voices in the paper's largely liberal pages. Bennet left in June 2020 after acknowledging he had failed to read an op-ed by Arkansas Republican Sen. Tom Cotton before publication that sparked an outcry inside the paper's newsroom. Cotton had called on then-President Donald Trump³³ to use the military to put down social justice protests that got out of hand. Publisher A.G. Sulzberger noted³⁴ it was one of several controversies under Bennet.

After leaving public office, Palin has stayed in the public eye, on television reality shows as well as serving as a Fox News commentator³⁵. The network hired her twice but parted ways with Palin in 2015 — years before the New York Times editorial was published.

Her attorneys are seeking to preclude³⁶ any talk of her 2020 appearance on the Fox TV show The Masked Singer, which included a segment in which she rapped. (Audience members audibly gasped³⁷ when Palin pulled the head off her colorful furry³⁸ bear costume to reveal her identity.)

The former governor is asking for actual and punitive³⁹ damages. But she may find it tough to prove actual harm or any specific lost revenues due to the editorial. Her lawyers have called on the court to deliver a message to the Times and to journalists that they cannot unfairly malign⁴⁰ people, even if they are public figures.

It's a message that could find a warm reception in at least one wing of the nation's highest court: U.S. Supreme Court Justice Clarence Thomas has indicated he wants to toss the 1964 ruling setting a high bar for proving defamation claims. Justice Neil Gorsuch has argued in favor of at minimum revisiting the ruling.

"This case could add more fuel for that fire," Grueskin says.

1 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

2 defamation   

n.诽谤；中伤

参考例句：

• Character defamation can be either oral or written.人格诽谤既可以是口头的也可以是书面的。
• The company sued for defamation.这个公司因受到诽谤而提起诉讼。

3 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

4 vice   

n.坏事；恶习；[pl.]台钳，老虎钳；adj.副的

参考例句：

• He guarded himself against vice.他避免染上坏习惯。
• They are sunk in the depth of vice.他们堕入了罪恶的深渊。

5 vaccinated   

[医]已接种的，种痘的，接种过疫菌的

参考例句：

• I was vaccinated against tetanus. 我接种了破伤风疫苗。
• Were you vaccinated against smallpox as a child? 你小时候打过天花疫苗吗？

6 recess   

n.短期休息，壁凹（墙上装架子，柜子等凹处）

参考例句：

• The chairman of the meeting announced a ten-minute recess.会议主席宣布休会10分钟。
• Parliament was hastily recalled from recess.休会的议员被匆匆召回开会。

7 duress   

n.胁迫

参考例句：

• He claimed that he signed the confession under duress.他说他是被迫在认罪书上签字的。
• These unequal treaties were made under duress.这些不平等条约是在强迫下签订的。

8 journalism   

n.新闻工作，报业

参考例句：

• He's a teacher but he does some journalism on the side.他是教师，可还兼职做一些新闻工作。
• He had an aptitude for journalism.他有从事新闻工作的才能。

9 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

10 robust   

adj.强壮的，强健的，粗野的，需要体力的，浓的

参考例句：

• She is too tall and robust.她个子太高，身体太壮。
• China wants to keep growth robust to reduce poverty and avoid job losses,AP commented.美联社评论道，中国希望保持经济强势增长，以减少贫困和失业状况。

11 outlet   

n.出口/路；销路；批发商店；通风口；发泄

参考例句：

• The outlet of a water pipe was blocked.水管的出水口堵住了。
• Running is a good outlet for his energy.跑步是他发泄过剩精力的好方法。

12 ambiguity   

n.模棱两可；意义不明确

参考例句：

• The telegram was misunderstood because of its ambiguity.由于电文意义不明确而造成了误解。
• Her answer was above all ambiguity.她的回答毫不含糊。

13 sweeping   

adj.范围广大的，一扫无遗的

参考例句：

• The citizens voted for sweeping reforms.公民投票支持全面的改革。
• Can you hear the wind sweeping through the branches?你能听到风掠过树枝的声音吗？

14 rhetoric   

n.修辞学，浮夸之言语

参考例句：

• Do you know something about rhetoric?你懂点修辞学吗？
• Behind all the rhetoric,his relations with the army are dangerously poised.在冠冕堂皇的言辞背后，他和军队的关系岌岌可危。

15 incitement   

激励； 刺激； 煽动； 激励物

参考例句：

• incitement to racial hatred 种族仇恨的挑起
• Interest is an incitement to study. 兴趣刺激学习。

16 deposition   

n.免职，罢官；作证；沉淀；沉淀物

参考例句：

• It was this issue which led to the deposition of the king.正是这件事导致了国王被废黜。
• This leads to calcium deposition in the blood-vessels.这导致钙在血管中沉积。

17 graphic   

adj.生动的，形象的，绘画的，文字的，图表的

参考例句：

• The book gave a graphic description of the war.这本书生动地描述了战争的情况。
• Distinguish important text items in lists with graphic icons.用图标来区分重要的文本项。

18 democrats   

n.民主主义者，民主人士( democrat的名词复数 )

参考例句：

• The Democrats held a pep rally on Capitol Hill yesterday. 民主党昨天在国会山召开了竞选誓师大会。
• The democrats organize a filibuster in the senate. 民主党党员组织了阻挠议事。 来自《简明英汉词典》

19 lethal   

adj.致死的；毁灭性的

参考例句：

• A hammer can be a lethal weapon.铁锤可以是致命的武器。
• She took a lethal amount of poison and died.她服了致命剂量的毒药死了。

20 columnist   

n.专栏作家

参考例句：

• The host was interviewing a local columnist.节目主持人正在同一位当地的专栏作家交谈。
• She's a columnist for USA Today.她是《今日美国报》的专栏作家。

21 austere   

adj.艰苦的；朴素的，朴实无华的；严峻的

参考例句：

• His way of life is rather austere.他的生活方式相当简朴。
• The room was furnished in austere style.这间屋子的陈设都很简单朴素。

22 alleged   

a.被指控的，嫌疑的

参考例句：

• It was alleged that he had taken bribes while in office. 他被指称在任时收受贿赂。
• alleged irregularities in the election campaign 被指称竞选运动中的不正当行为

23 contrition   

n.悔罪，痛悔

参考例句：

• The next day he'd be full of contrition,weeping and begging forgiveness.第二天，他就会懊悔不已，哭着乞求原谅。
• She forgave him because his contrition was real.她原谅了他是由于他的懊悔是真心的。

24 faculty   

n.才能；学院，系；(学院或系的)全体教学人员

参考例句：

• He has a great faculty for learning foreign languages.他有学习外语的天赋。
• He has the faculty of saying the right thing at the right time.他有在恰当的时候说恰当的话的才智。

25 malice   

n.恶意，怨恨，蓄意；[律]预谋

参考例句：

• I detected a suggestion of malice in his remarks.我觉察出他说的话略带恶意。
• There was a strong current of malice in many of his portraits.他的许多肖像画中都透着一股强烈的怨恨。

26 landmark   

n.陆标，划时代的事，地界标

参考例句：

• The Russian Revolution represents a landmark in world history.俄国革命是世界历史上的一个里程碑。
• The tower was once a landmark for ships.这座塔曾是船只的陆标。

27 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

28 initially   

adv.最初，开始

参考例句：

• The ban was initially opposed by the US.这一禁令首先遭到美国的反对。
• Feathers initially developed from insect scales.羽毛最初由昆虫的翅瓣演化而来。

29 dealing   

n.经商方法，待人态度

参考例句：

• This store has an excellent reputation for fair dealing.该商店因买卖公道而享有极高的声誉。
• His fair dealing earned our confidence.他的诚实的行为获得我们的信任。

30 controversies   

争论

参考例句：

• We offer no comment on these controversies here. 对于这些争议，我们在这里不作任何评论。 来自英汉非文学 - 历史
• The controversies surrounding population growth are unlikely to subside soon. 围绕着人口增长问题的争论看来不会很快平息。 来自辞典例句

31 relatively   

adv.比较...地，相对地

参考例句：

• The rabbit is a relatively recent introduction in Australia.兔子是相对较新引入澳大利亚的物种。
• The operation was relatively painless.手术相对来说不痛。

32 tenure   

n.终身职位；任期；(土地)保有权，保有期

参考例句：

• He remained popular throughout his tenure of the office of mayor.他在担任市长的整个任期内都深得民心。
• Land tenure is a leading political issue in many parts of the world.土地的保有权在世界很多地区是主要的政治问题。

33 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

34 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

35 commentator   

n.注释者，解说者；实况广播评论员

参考例句：

• He is a good commentator because he can get across the game.他能简单地解说这场比赛，是个好的解说者。
• The commentator made a big mistake during the live broadcast.在直播节目中评论员犯了个大错误。

36 preclude   

vt.阻止，排除，防止；妨碍

参考例句：

• We try to preclude any possibility of misunderstanding.我们努力排除任何误解的可能性。
• My present finances preclude the possibility of buying a car.按我目前的财务状况我是不可能买车的。

37 gasped   

v.喘气( gasp的过去式和过去分词 )；喘息；倒抽气；很想要

参考例句：

• She gasped at the wonderful view. 如此美景使她惊讶得屏住了呼吸。
• People gasped with admiration at the superb skill of the gymnasts. 体操运动员的高超技艺令人赞叹。 来自《现代汉英综合大词典》

38 furry   

adj.毛皮的；似毛皮的；毛皮制的

参考例句：

• This furry material will make a warm coat for the winter.这件毛皮料在冬天会是一件保暖的大衣。
• Mugsy is a big furry brown dog,who wiggles when she is happy.马格斯是一只棕色大长毛狗，当她高兴得时候她会摇尾巴。

39 punitive   

adj.惩罚的，刑罚的

参考例句：

• They took punitive measures against the whole gang.他们对整帮人采取惩罚性措施。
• The punitive tariff was imposed to discourage tire imports from China.该惩罚性关税的征收是用以限制中国轮胎进口的措施。

40 malign   

adj.有害的；恶性的；恶意的；v.诽谤，诬蔑

参考例句：

• It was easy to see why the cartoonists regularly portrayed him as a malign cherub.难怪漫画家总是把他画成一个邪恶的小天使。
• She likes to malign innocent persons.她爱诋毁那些清白的人。