Sarah Palin's lawsuit against the New York Times is about much more than defamation, levinsonjessica writes.
The actual malice standard is a high hurdle for plaintiffs to overcome. It is admittedly designed to protect the press against defamation suits from public individuals who could chill their speech. It's not hard to imagine that under a standard that is more favorable to plaintiffs, some public officials would attempt to bully the press into silence by threatening to file defamation suits.
Defamation law asks us to strike a balance between two people or groups whom we want to protect. On one side of the balance, we have people whose reputations could be harmed by false stories. On the other side, we have members of the media whose job it is to keep the public educated and informed. This balance changes when we are talking about public figures, as opposed to private ones.
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