In Re: Palin v NYT

Judge Dismisses ‘New York Times’ Libel Suit Brought By Cannibal Terrorist Sarah Palin https://t.co/RAAlanqUBQ pic.twitter.com/Nh7IHfXAVD

— The Onion (@TheOnion) February 15, 2022

Is there a word for a piece of art where the anticipated reaction by dumb people is an integral part of the art

— TireSlashingHat (@Popehat) February 15, 2022

"Banksy"? Dada?

Just imagining the deep shit Fox News would be in if the standard set by Sullivan was actually changed. https://t.co/1EwNtYCRM4

— Justin Baragona (@justinbaragona) February 15, 2022

Another argument for overturning Sullivan.

Jury finds the New York Times "not liable"

— ErikWemple (@ErikWemple) February 15, 2022

Sorry. I buried the lede.

Also: though there's been talk about using this case as a vehicle to overturn NYT v. Sullivan's "actual malice" standard, the case is a poor vehicle for it, and I'm skeptical that there's enough votes on SCOTUS to take it on that basis.

— TireSlashingHat (@Popehat) February 15, 2022

a change to Sullivan wouldn't change the rule (or result) in this case because NY has codified the Sullivan actual malice standard for public figures. So this won't be the vehicle. But you're right - to quote @jackbalkin, what was once off the wall is now on the wall

— Enrique Armijo (@e_armijo) February 15, 2022

Seriously, though, whether or not Sullivan gets overturned (unlikely as of now), the trend towards performative base-riling defamation lawsuits as fundraisers/publicity machines is a genuine threat to free speech in America. Pass more anti-SLAPP laws now.

— TireSlashingHat (@Popehat) February 15, 2022

I dunno. I think libel suits are mostly a fight among elephants. 🐘  Is Palin going to sue The Onion? Or me, for posting that tweet? The NYT can take it. Their name’s already on the landmark case that just protected them. This isn’t a good case for overturning Sullivan (not at law, anyway). It’s not any better as an argument for anti-SLAPP suits.

And, serious question: what “base” was Palin riling? Was she fundraising off of this? Grifters gonna grift, fools and their money are soon parted. Simplest and most direct way to end that is to let it run its course. Like the truckers in Canada who thought they were starting a revolution until the cops finally showed up and told ‘em to drive off or get outta the cab. I think most of their money got grifted, too.

So it goes.