Sarah Palin not only has a winnable defamation case against The New York Times, but proving actual malice for the Times' self-admitted "honest mistake" is entirely possible, too, according to legal expert Alan Dershowitz on Newsmax.
"She has been defamed without a doubt," Dershowitz told Saturday's "America Right Now." "On issue of malice, I think she has a good shot because the Times always makes mistakes that hurt the right and help the left.
"They never make mistakes, quote 'honest mistakes,' that go against their philosophy and liberals."
Dershowitz told host Tom Basile the Times' one-sided historical corrections and mistakes can be used to make the case for actual malice, which is a standard set by the Supreme Court decision The New York Times v. Sullivan.
"I was one of the law clerks to help write New York Times versus Sullivan, and I have a lawsuit now against CNN, which challenges the malice standard," Dershowitz said. "I think Palin will win on defamation."
Palin has alleged the Times' 2017 editorial linking one of her political action committee ads to the 2011 mass shooting that wounded then-Rep. Gabby Giffords, D-Ariz., "violated the law and its own policies" in suggesting the ad incited the attack by shooter Jared Lee Loughner.
Palin's legal team will have to prove actual malice by editorial author James Bennet, who wrote: "Before the shooting, Sarah Palin's political action committee circulated a map that showed the targeted electoral districts of Ms. Giffords and 19 other Democrats under stylized cross hairs."
Hours after the editorial ran, the Times revised the editorial and published a series of corrections, adding "no connection to the shooting was ever established."
Palin's PAC ad's cross hairs were targeting congressional districts on a map where the GOP could flip a House seat from a Democrat to defeat Obamacare in the 2012 midterms.
"So, I think she'll be able to demonstrate that this mistake – and the Times acknowledges it was a mistake – was done with reckless disregard for the truth," Dershowitz concluded.
On the news of last week, Dershowitz reiterated Justice Stephen Breyer's legacy will be cemented after this retirement, which did not come because of leftist political pressure.
"The crazies who tried to get him to retire actually made it harder for him to retire," Dershowitz said. "He was going to retire anyway at the end of this year, and I think it was a mistake for those to try to push him into doing it."
And, as far as President Joe Biden's campaign vow to nominate a Black woman to the Supreme Court, Dershowitz noted it was just not damaging to the eventual nominee, but an abuse of "identity politics" to pander for votes.
"I think also picking on gender might be unconstitutional," said Dershowitz, author of "The Case for Color-Blind Equality in an Age of Identity Politics."
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