[Headline from DRJ]
In 2017, United States District Court Judge Jed S. Rakoff held an evidentiary hearing to determine whether Palin’s complaint against the Timesproperly alleged all the required elements of a defamation claim. Rakoff then relied on the evidence adduced at that hearing to dismiss Palin’s complaint under the Federal Rules of Procedure 12(b)(6), meaning Palin failed to state a claim upon which relief can legally be granted.
“Nowhere is political journalism so free, so robust, or perhaps so rowdy as in the United States,” Rakoff wrote in the ruling. “In the exercise of that freedom, mistakes will be made, some of which will be hurtful to others.”
However, according to the Second Circuit’s ruling Tuesday, Rakoff’s reliance on any facts outside of Palin’s original complaint was improper and grounds for reinstating Palin’s claim.