’Sarah Palin’s lawsuit accusing the New York Times of defaming her by incorrectly linking her to a mass murder was thrown out on Monday.
US District Judge Jed Rakoff in Manhattan said he will order the dismissal of the former Alaska governor and 2008 Republican vice-presidential candidate’s lawsuit, but in an unusual twist, he will enter his order after the jury finishes its own deliberations.
“I think this is an example of very unfortunate editorializing on the part of the Times but having said that, that’s not the issue before this court,” Rakoff said in court on Monday. “The law here sets a very high standard [for actual malice]. The court finds that that standard has not been met.”…’
— via The Guardian
I think it is true that, since the 1964 case New York Times v. Sullivan that established the malice standard for defamation suits, the Times has not lost one of these challenges.