The 2nd U.S. Circuit Court of Appeals said Palin can try again to prove that the Times should be liable for a 2017 editorial that incorrectly linked her to a mass shooting six years earlier that killed six people and seriously wounded Democratic U.S. congresswoman Gabrielle Giffords.

Lawyers for Palin argued that U.S. District Judge Jed Rakoff, who oversaw the February 2022 trial, wrongly excluded evidence of the Times’ actual malice and wrongly instructed jurors to disregard some of that evidence.

Media critics, and Palin herself, have viewed the case as a possible vehicle to overturn New York Times v. Sullivan, the landmark 1964 U.S. Supreme Court decision that set a high bar for public figures to prove defamation.