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How Do You Feel About Sarah Palin? It Shouldn’t Matter.

February 15, 2022•

Scrolling through the comments sections under news stories about Sarah Palin’s defamation lawsuit against the New York Times—dismissed by a judge while a non-sequestered jury was still deliberating and no doubt next heading to an appeals court—provides ample evidence of the dismal state of political tribalization in this country. With few exceptions conservatives wanted to see her prevail against a media outlet they revile, while liberals who care neither for her politics nor her style argued that she deserves to lose because she helped contribute to the rhetorical toxicity in which they themselves are unwittingly participating.

Politics is personal. But the personal shouldn’t obscure policy.

If they stopped to think about it, lefties ought to sympathize with Palin. Declaring herself “powerless,” Palin testified: “I was in Wasilla, up against those who buy ink by the barrel and I had my No. 2 pencil on my kitchen table.”

She’s not wrong. Having been a few million votes away from being a heartbeat away from the presidency 14 years ago may well make her something of a historical immortal, but that past doesn’t alter the present truth. Palin is now a private citizen, a relative David challenging a $7 billion Goliath with iconic cultural clout and the deepest of establishment ties, backed by decades of case law that protects media defendants to the extent that most aggrieved would-be plaintiffs never dare to sue. The New York Times, on the other hand, is hardly a sympathetic defendant. As progressives recall, the Times allowed reporter Judith Miller to propagandize in favor of invading Iraq, ran interference for Hillary Clinton against Bernie Sanders, and studiously stifles ideological expression to the left of the corporatist wing of the Democratic Party.

Without Palin’s proto-Trumpism, from a team-politics mindset she’d be the left’s inherent favorite.

I am impervious to her charms. As I said in 2008, I voted for Barack Obama in large part because I worried that John McCain’s age and health increased the likelihood that the kooky Alaska governor would wind up in control of nuclear launch codes. I will always have contempt for anyone who thinks it’s cool to shoot wolves from a helicopter. But none of that matters in her lawsuit, which comes down to an important question: our society and democracy rely on robust freedoms of the press, but must the First Amendment remain a license to defame and an inducement to journalistic laziness, as has become the case since the 1964 case New York Times v. Sullivan?

Defenders of free expression have often found themselves legally allied with controversial and disreputable figures. In 1978 the ACLU supported a neo-Nazi group’s application to march through the streets of Skokie, Illinois, a Chicago suburb where many survivors of the Holocaust lived. Hustler magazine publisher Larry Flynt received support from high-profile celebrities in his 1977 obscenity trial in Cincinnati as well as his 1983 legal defense against Moral Majority founder Jerry Falwell; the Association of American Editorial Cartoonists, of which I am a member and a former president, supplied an amicus brief in the Falwell case. The ACLU has consistently opposed attempts to ban the burning of the American flag at political protests.

The fact that these legal battles involved fascists, a notorious pornographer and profound disrespect of a revered national symbol is neither ironic nor bizarre; censors rarely target milquetoast or middlebrow expression.

Several aspects of Palin v. New York Times ought to concern liberals and progressives.

First and foremost, journalists who don’t check their facts and then print outrageous falsehoods about a person, even a public figure like Palin, ought to risk legal exposure. If it can happen to her, it can happen to you. Yet Federal Judge Jed Rakoff, 78, a liberal appointed by Bill Clinton, stated in his dismissal ruling: “Certainly the case law is clear that mere failure to check is not enough to support ‘reckless disregard’ in the context of any libel claim.” If he’s right, “reckless disregard for the truth” is a phrase without meaning—and that needs to change.

Evidence favorable to Palin’s “actual malice” argument was brushed off in media coverage and, apparently by the judge. “What was missing from the whole production was any indication that Bennet was out to smear Palin,” wrote Erik Wemple of The Washington Post. Maybe there wasn’t a “smoking gun,” as Wemple noted. But what about motivation? What about conflict of interest? Former Times editorial page editor James Bennet—responsible for smearing Palin—has a brother, Michael Bennet. Michael happens to be a United States senator from Colorado—and Palin endorsed his Republican opponent. Michael despises Palin, calling her an “extremist.” Maybe James, a Democrat from a family of Democrats, doesn’t share his brother’s opinion of Palin. But I wouldn’t bet on it.

Rakoff didn’t allow the jury to hear that tidbit.

Ex post facto (or retroactively applied laws) are specifically prohibited under the Constitution. Palin sued in 2017 yet Rakoff ruled that her case was subject to the state’s newly-amended “anti-SLAPP” law enacted in 2021 and so requires her to meet the high bar set by Sullivan for public figures to prevail in libel and defamation claims. Do we want to live in a country where the rules change after the game has started?

Every plaintiff and defendant should enjoy an equal playing field but that doesn’t appear to be the case here. The Times was permitted to make the distracting, spurious argument that Palin’s reputation wasn’t harmed. “The Masked Singer. Do they put on inciters of violence?” David Axelrod asked during closing arguments. Under straight defamation, Palin would have to show she had lost income or opportunities. But she sued for defamation per se, a finding that what the Times said about her was so over-the-top that she deserves punitive damages without having to prove actual damages.

There are other indications that the judge harbored animus against Palin. “She is, of course, unvaccinated,” Rakoff remarked on January 24^th after she tested positive for COVID-19. Of course, vaccinated people get the virus too. I did.

Then there was the judge’s unusual decision to dismiss her case while the jury was deliberating. Under anti-SLAPP, she will be ordered to pay the Times’ attorneys’ fees. Palin didn’t get justice but rather a brutalist simulacrum of due process. She was teased with the possibility of victory, both sides’ attorneys’ fees mounting at her expense, only to have it snatched away at the whim of one man rather than the judgement of 12 peers. And we were deprived of a clear jury verdict on a matter of public importance.

Experts believed Palin’s right-wing politics might hurt her with her jury in New York, one of the most liberal cities in the country. “In this case, you have a very prominent plaintiff who is suing in a city that I would say would not be her favorite place to be judged,” First Amendment attorney Floyd Abrams, who sides with the Times, told Politico.

It didn’t help her with the judge. And it’s disgusting. Whatever Palin has done to the body politic or to wolves in Alaska, she is the victim here. No one, including the Times, disputes that the newspaper unfairly characterized her as being partly responsible for a fatal mass shooting when there was no evidence that that was true.

Palin’s personality and politics are irrelevant. The question here was not whether or not you like Sarah Palin. It was whether James Bennet engaged in “reckless disregard for the truth,” part of the standard of “actual malice” under Sullivan that Palin’s attorneys need to clear, or the paper got to walk away without paying her—indeed, she has to pay them—because it issued a correction after it discovered it was wrong.

It still is.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the weekly DMZ America podcast with conservative fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: Our Politicians Need an Education

June 15, 2012•

Ted Rall

Why Both Democrats and Republicans Miss the Big Picture

Public education is mirroring American society overall: a tiny island of haves surrounded by a vast ocean of have-nots.

For worried parents and students, the good news is that spending on public education has become a campaign issue. Mitt Romney is pushing a warmed-over version of the old GOP school voucher scheme, “school choice.” The trouble with vouchers, experts say (and common sense supports), is that allowing parents to vote with their feet by withdrawing their kids from “failing schools” deprives cash-starved schools of more funds, leading to a death cycle—a “winner takes all” sweepstakes that widens the gap between the best and worst schools. Critics—liberals and libertarians—also dislike vouchers because they allow the transfer of public tax dollars into the coffers of private schools, many of which have religious, non-secular curricula unaccountable to regulators.

Romney recently attacked President Obama: “He says we need more firemen, more policemen, more teachers. Did he not get the message of [the failed recall of the union-busting governor of] Wisconsin?”

“I would suggest [Romney is] living on a different planet if he thinks that’s a prescription for a better planet,” shot back Obama strategist David Axelrod.

Both parties are missing the mark, the Republicans more than the Democrats. Republicans want to gut public schools by slashing budgets that will lead to bigger class sizes, which will reduce the individual attention dedicated to teaching each student. Democrats rightly oppose educational austerity, but are running a lame defense rather than aggressively promoting positive ideas to improve the system. Both parties are too interested in weakening unions and grading teacher performance with endless tests, and not enough in raising salaries so teaching attracts the brightest college graduates. Not even the Democrats are calling for big spending increases on education.

Is the system really in crisis? Yes, said respondents to a 2011 Gallup-Phi Delta Kappa poll, which found that only 22 percent approved of the state of public education in the U.S. The number one problem? Not enough funding, say voters.

Millions of parents whose opinion of their local public system is so dim that they spend tens of thousands of dollars a year on private school tuition and—in competitive cities like New York City, force their kids to endure a grueling application process.

According to one of the world’s leading experts on comparing public school systems, Andreas Schleicher of the Organization for Economic Cooperation and Development, the U.S. is falling rapidly behind other countries. In Canada, he told a 2010 Congressional inquiry, an average 15-year-old ahead is a full year ahead his or her American counterpart. The U.S. high-school completion rate is ranked 25th out of the 30 OECD countries.

The elephant in the room, the idea neither party is willing to consider, is to replace localized control of education—funding, administration and curricula—with centralized federal control, as is common in Europe and around the world.

“America’s system of standards, curriculums and testing controlled by states and local districts with a heavy overlay of federal rules is a ‘quite unique’ mix of decentralization and central control,” The New York Times paraphrased Schleicher’s testimony. “More successful nations, he said, maintain central control over standards and curriculum, but give local schools more freedom from regulation, he said.”

Why run public schools out of Washington? The advantages are obvious. When schools in rich districts get the same resource allocation per student as those in poor ones, influential voters among the upper and middle classes tend to push for increased spending of education. Centralized control also eliminates embarrassing situations like when the Kansas School Board eliminated teaching evolution in its schools, effectively reducing standards.

A streamlined curriculum creates smarter students. It’s easier for Americans, who live in a highly mobile society, to transfer their children midyear from school to school, when a school in Peoria teaches the same math lesson the same week as one in Honolulu. Many students, especially among the working poor, suffer lower grades due to transiency.

Of course, true education reform would need to abolish the ability of wealthier parents to opt out of the public school system. That means banning private education and the “separate but equal” class segregation we see today, particularly in big cities, and integrating the 5.3 million kids (just under 10 percent of the total) in private primary and secondary schools into their local public systems. Decades after forced bussing, many students attend schools as racially separated as those of the Jim Crow era. The New York Times found that 650 out of New York’s 1700 public schools have student bodies composed at least 70 percent of one race—this in a city with extremely diverse demographics.

If we’re to live in a true democracy, all of our kids have to attend the same schools.

(Ted Rall’s new book is “The Book of Obama: How We Went From Hope and Change to the Age of Revolt.” His website is tedrall.com. This column originally appeared at MSNBC.com)

And Yet

May 16, 2012•

Ted Rall

Despite the fact that nothing has been done to create new jobs, the U.S. hasn’t created any net new jobs above population growth. Meanwhile, 20 million people remain jobless. Which makes one ask: why doesn’t the Obama Administration think this is a problem?

Cold in Chicago

March 2, 2012•

Ted Rall

Obama’s strategy, criticizing Congress for not acting on his agenda, prompts one to wonder why he didn’t ask upon it when he had the chance.

SYNDICATED COLUMN: Death and Trivia

February 29, 2012•

Ted Rall

Bankrupt and Corrupt, U.S. Can’t/Won’t Address Issues We Care About

Millions of Americans won’t vote this November. “Voter participation in the U.S. remains consistently below corresponding levels in most other western democracies,” the International Business Times reported last year. “In countries like Italy, Belgium, Austria and Australia, more than 90 percent of the voting public cast ballots at election time.”

They—the corporate politicians and their media mouthpieces—call it apathy. Obama advisor David Axelrod blamed it for the Iraq War. “There was apathy in 2000, and Al Gore lost that election to George W. Bush by 300 votes, and as a result we wound up in Iraq,” he told the Harvard Crimson. That’s crap. People don’t boycott elections because they don’t care. They are alienated.

We don’t care about two-party electoral politics because two-party electoral politics don’t care about us.

What are Americans most worried about this election season? The same thing we’ve been most worried about for years: the economy. You name the poll: local or national, liberals or conservatives doesn’t matter. Tens of millions of people are unemployed. People who still have jobs live in terror of layoffs. Real inflation is out of control but salaries are frozen or falling. (The fact that we have to specify “real” says a lot about the gap between life out here “on the ground” and over there “inside the Beltway.”)

We’re being ground down. Demoralized. Bankrupted. And they don’t care. Not only do they not care, they don’t notice.

The Fed and the White House are colluding in their quadrennial tradition of ginning up a pseudo-boomlet to support the incumbent. Thus the latest Dow bubble and phony 8.3 percent unemployment rate, which count people who have given up looking for work as “employed.”

Everyone knows the recovery is fiction. Who are you going to believe—the talking heads or your lying, overdrawn, second-mortage line of credit? According to the latest Gallup tracking poll, which actually asks actual people how they’re actually doing in the actual world, 9.1 percent of Americans are unemployed and 19.0 percent are underemployed. When 28.1 percent of Americans are broke, that affects everyone, including the richest 1% trying to sell goods and services.

People expect their “representative” democracy to represent their interests. To address their problems. And solve them.

No wonder why we’re so apathetic. Our “leaders” hardly talk about the economy.

Santorum is more worried about how easy it is to get sex than how hard it is to find work.

Romney thinks it’s 1992 and that he’s Ross Perot, the businessman who promised to run America like a corporation. As though it wasn’t already. As if that wasn’t the problem.

Obama imagines that we didn’t notice that he only started asking Congress to work on the economy after Congress fell under the control of the other party. We’re slow. We’re not deranged.

Our dying political system is unwilling and unable to address joblessness and the widening class divide because our misery isn’t an aberration. It’s an inherent manifestation of corporate capitalism. Ordinary Americans understand this. Half the citizens of this “conservative” country already prefer socialism or communism, according to a Gallup poll conducted in December—watch that go up—yet the political class dares not question the Crappy Economic System That Must Not Be Named.

Since they can’t take on the real issues the elites are reduced to the politics of distraction.

Kids and death.

Those are the D-grade “issues” the powers that be are using this week in order to avoid talking about the atrocious economy.

Federal regulators announced on February 27th that all cars manufactured after 2014 must feature rearview cameras that allow drivers to see what is behind them. The National Highway Traffic Administration says that “95 to 112 deaths and as many as 8,374 injuries could be eliminated each year by eliminating the wide blind spot behind a vehicle,” reported The New York Times. The estimated cost of the devices is $2.7 billion per year.

“In terms of absolute numbers of lives saved, it certainly isn’t the highest,” admitted Clarence Ditlow of the Center for Auto Safety. “But in terms of emotional tragedy, backover deaths are some of the worst imaginable. When you have a parent that kills a child in an accident that’s utterly avoidable, they don’t ever forget it.”

No doubt. I can imagine. By all means, put in those cameras.

But there’s something screwy about a political culture that slaps this trivial story on the front page of the biggest newspaper in the country and makes it a Congressional priority while the elephants in the room go unaddressed. Every year 17,000 Americans die in slip and fall accidents—151 times the rate from backover car accidents. Maybe we should install cameras on the backs of our heads.

Yo, moron journalists and politicos: Jobs! We care about jobs!

If you idiots must obsess over cars, why aren’t you pushing through radical improvements in fuel efficiency, like requiring that every car made after 2014 be either electric or a hybrid? Autos are a major cause of air pollution, which triggers asthma attacks, which kill at least 5000 people annually in the U.S.

It’s not just about the kiddie-poos. The establishments is still wallowing in Bush’s hoary post-9/11 death cult.

The day after its hold-the-presses car-cameras scoop the Times was back with another page-one heartstopper:

“The mortuary at Dover Air Force Base in Delaware disposed of body parts of some victims of the Sept. 11, 2001 attacks by burning them and dumping the ashes in a landfill,” began the story. The victims were killed on Flight 93, which crashed in western Pennsylvania.

Gross? No doubt. Inappropriate? Unquestionably. Important? Hell no.

The worst thing that could ever happened to the people to whom those body parts belonged occurred before. They were dead. Murdered. What went down after that was comparatively trivial.

Not to stir up the Truthers (with whom I disagree), but a more appropriate front-page story would ask: “More Than 11 Years After 9/11, Why Hasn’t There Been an Independent Investigation?”

Here’s what we’ve come to: Get killed on Flight 93 and no one bothers to find out what really happened to you. Have your remains disposed of in a culturally insensitive manner and it’s a scandal.

What if Flight 93 had landed safely? Some passengers would gotten laid off. Some would have been foreclosed upon. And the government wouldn’t have given a rat’s ass about them.

Why don’t people vote?

A better question is: Why do people vote?

(Ted Rall is the author of “The Anti-American Manifesto.” His website is tedrall.com.)