NY Times shoots itself in the foot arguing why Palin lawsuit should be dismissed

The New York Times offered a brilliant argument for why the defamation lawsuit against them by Sarah Palin should be dismissed.

The former Alaska governor slapped the Times with the lawsuit in June over an editorial that tied Palin to the 2011 shooting of Congresswoman Gabrielle Giffords. The publication corrected its piece and issued an apology, but Palin said the Times’ “half-hearted Twitter apologies” were not enough.

The Times filed a motion last month seeking to dismiss the case but Judge Jed S. Rakoff of Federal District Court for the Southern District of New York said he needed the testimony of the editorial’s author to make that decision, according to the Times.

But the publication argued in its dismissal request that it was unreasonable to assume that the editors actually even read the New York Times.

Yes, you read that correctly.

In his order, the judge noted that one of the questions raised by the dismissal request was “whether the complaint contains sufficient allegations of actual malice, an essential element of the claim.”

“For example, the Complaint alleges that the allegedly false statement of fact that are the subject of the Complaint were contradicted by information already set forth in prior news stories published by the Times. However, these prior stories arguably would only evidence actual malice if the person(s) who wrote the editorial were aware of them, Rakoff wrote.

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In a nutshell, the Times needs to prove to the court that its own editors do not always read the New York Times.

In order to determine if  there are sufficient allegations of actual malice on the part of the Times, Times editorial page editor James Bennet will be testifying next week per the judge’s order.

Twitter users found the Times’ reason for dismissing the lawsuit nothing short of laughable.

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