Several jurors were made aware of a judge's decision to dismiss Sarah Palin's lawsuit by push notification, potentially influencing their verdict
Photo: John Lamparski/Getty Images Jurors in high-profile trials face a particular internet-era challenge. When they leave the box, they must resist the temptation to pore through information about the case online so that their decision is informed only by evidence put forward in court. The process is imperfect, but doable. Things become significantly more challenging, though, when the case in question has already been decided — and when jurors have push notifications on their phones.
Earlier this week, Judge Jed Rakoff ruled to dismiss Palin’s complaint against the paper, which she brought over a 2017 op-ed that falsely connected her to an assassination attempt on a Democratic representative. Rakoff found that Palin’s legal team did not provide enough evidence to meet the definition of “actual malice,” which connotes an outlet willfully publishing false information about a public figure.
Rakoff probably should have anticipated how his big decision could potentially trickle down to the jury. But on Wednesday, he did not sound humbled by his op-sec failure. “I’m disappointed that the jurors even got these messages, if they did,” he told Bloomberg, referring to the push notifications. “I continue to think it was the right way to handle things.”
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