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Find out what's happening in the world as it unfolds. Palin receiving backlash for White House photo 00:53 Danny Cevallos: Sarah Palin has a shot at winning her defamation lawsuit against the NYT Palin could further bolster her claim by showing that the retractions were intentionally incomplete, he writes Danny Cevallos is a CNN legal analyst who practices in the areas of personal injury, wrongful conviction and criminal defense in Pennsylvania, New York and the US Virgin Islands, at the law firms of Cevallos & Wong in Philadelphia, and Edelman & Edelman in New York, where he is Of Counsel. Follow him on Twitter @CevallosLaw . The opinions expressed in this commentary are his. Sarah Palin filed a defamation lawsuit against The New York Times on Tuesday alleging that an editorial falsely indicated she incited the 2011 shooting of Democratic Rep. Gabby Giffords and others by Jared Loughner. Keep in mind, Sarah Palin is a "public figure" under the law, someone who has assumed a role of special prominence in the affairs of society. And it's a lot harder for public figures than it is for private persons to win defamation cases. For Palin to win, the First Amendment requires that the offending statement shows "actual malice," or, in other words, that the statement was published with either knowledge or reckless disregard of whether it was true or false . Celebrities and politicians have a high bar to meet; mere negligence, or even failing to investigate, do not establish actual malice.
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