ZitatA federal appeals court on Tuesday revived former U.S. vice presidential candidate Sarah Palin's defamation lawsuit against the New York Times, over an editorial that she said maliciously linked her to the 2011 mass shooting that wounded U.S. Representative Gabrielle Giffords.
In a 3-0 decision, the 2nd U.S. Circuit Court of Appeals in Manhattan said the lower court judge who dismissed the complaint erred in hearing testimony from the Times' editorial page editor before issuing the dismissal.
Circuit Judge John Walker also said Palin had plausibly alleged that the Times defamed her, though she still bore the "high" burden of showing that the newspaper acted with "actual malice" when publishing the editorial.
"We are disappointed in the decision and intend to continue to defend the action vigorously," Times spokeswoman Danielle Rhoades Ha said in an email.