Judge: Sarah Palin's libel suit against the NYT can go to trial

And it turns out an earlier version of the editorial, drafted by Elizabeth Williamson, didn’t assert a “link to political incitement”; it was editing by James Bennet, “the editor overseeing opinion journalism at the Times, including masthead editorials by the Times Editorial Board,” that included this “link to political incitement was clear” statement.

Today, Judge Jed Rakoff denied defendants’ motion for summary judgment, which means the case will go to trial, unless the parties settle. The key issue was whether Palin could show “actual malice,” a legal term of art that means knowledge that the statement was false, or recklessness about the statement’s being false.