Why the Sarah Palin v. New York Times trial will be an 'excruciating experience' for the paper

 https://edition.cnn.com/2022/01/22/media/sarah-palin-new-york-times-trial/index.html

The case is, at its heart, about the limits of First Amendment protections and the standard set in the landmark New York Times vs. Sullivan case. Specifically, the standard that a public figure must prove an outlet operated with "actual malice" when it published defamatory information. Palin has argued The Times did, and The Times has said it made an honest error.

"At issue is the elasticity of the protections that allow news organizations to present tough coverage of public figures," Washington Post's Erik Wemple wrote on Friday. "Or, to put things a bit more sharply, the case will help demarcate the line between really bad journalism and libelous journalism."

The reporting from mainstream news sources tends to be a lot more buttoned up than reporting in right-wing media. Fox, for instance, is wrapping itself in the First Amendment as it defends itself from lawsuits against voting technology companies Dominion and Smartmatic.

Which is to say that the attempts to reduce press freedom on the right could backfire in enormous ways. "Fox needs those protections more than The New York Times at the moment," Toobin pointed out. "The New York Times made a single mistake and behaved responsibly. Fox was the gateway for a torrent of lies that nearly destroyed these companies and has never appropriately apologized."