Tina Fey resumed her post as Sarah Palin on Saturday Night Live last Saturday. But comedy aside, there are many people, Sarah Palin supporters in particular, who beg to ask the question of New York personal injury lawyers: Why can't Sarah Palin sue Tina Fey or NBC for defamation?
From the outside looking in, some of Tina Fey's jokes might be offensive to the supporters of Sarah Palin. And some say that Tina Fey and SNL might have been largely responsible for Sarah Palin's drop in popularity during the 2008 election campaign. So, in applying a logic that shows damage to Sarah Palin's career and portrays her in an unfavorable light, what's stopping Palin from suing Tina Fey and Lorne Michaels for defamation?
I'll tell you what's stopping her-- it's New York Times v Sullivan, that's what. For those of you who are not aware of this case, you might be scratching your heads right now. So let me back up and explain. This case, which came out of the civil rights movement, really limited the ability of a public figure to sue for defamation. Perhaps the logic is somewhat of a "if you can't take the heat, stay out of the sun."
Once a person is a government official or a public official, their expectation of privacy goes down. Furthermore, the right of public debate on issues trumps the need to protect these public figures from the harm of being portrayed badly. As such, a public official could only collect from a defamation claim if the statement was made with "actual malice," which essentially means that the statement was made with knowledge that it was false or with reckless disregard of whether it was false or not.
Let's put on our NY injury lawyer hat and look at Tina Fey's SNL sketch again. It would be clear to anyone watching it that she is not informing people of an incorrect fact. The "Sarah Palin Network" is satire, and not a statement intended to convince people that Sarah Palin has started a television network. It's comedy, based largely on opinion as opposed to a statement of any fact. And SNL is not looked to for its factual accuracy.
Had the New York Times put out a false article writing about Sarah Palin starting a network, perhaps New York personal injury attorneys would be asking different questions. But for now, they're enjoying Tina Fey's sketch comedy for what it is: comedy.
Related Resources
- Defamation (LawBrain)
- NY Times v Sullivan (LawBrain)
- Browse New York Injury Lawyers (FindLaw)
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