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Judge to Caribou Barbie, "Get out of my effing court!"
No he didn't actually say that in so many words. But it amounts to the same thing.
Rakoff found that Palin did not meet the legal standard of proving malice toward a public figure, noting that the paper issued two corrections to the editorial in the hours after it was published.
“Such behavior is much more plausibly consistent with making an unintended mistake and then correcting it than with acting with actual malice,” he wrote.
He also noted that Palin would have to sue the individual responsible for the alleged defamation and not the entire publication, but that her case would still fall short if she had done so.
"Here, plaintiff's complaint, even when supplemented by facts developed at an evidentiary hearing convened by the Court, fails to make that showing. Accordingly, the complaint must be dismissed," the decision reads.
"Negligence this may be; but defamation of a public figure it plainly is not."
http://thehill.com/media/348430-judge-dismisses-palin-defamation-case-against-new-york-times
Rakoff found that Palin did not meet the legal standard of proving malice toward a public figure, noting that the paper issued two corrections to the editorial in the hours after it was published.
“Such behavior is much more plausibly consistent with making an unintended mistake and then correcting it than with acting with actual malice,” he wrote.
He also noted that Palin would have to sue the individual responsible for the alleged defamation and not the entire publication, but that her case would still fall short if she had done so.
"Here, plaintiff's complaint, even when supplemented by facts developed at an evidentiary hearing convened by the Court, fails to make that showing. Accordingly, the complaint must be dismissed," the decision reads.
"Negligence this may be; but defamation of a public figure it plainly is not."
http://thehill.com/media/348430-judge-dismisses-palin-defamation-case-against-new-york-times
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