probably lose the upcoming trial. palin is playing long ball here. her real goal is to get the case before the supreme court of the united states. banking on the potential reception that she'll receive from justices who currently divide 6-3 in her favor on ideological lines. and two of those justices recently tipped their hand on wlv the precedent that will guide palin's trial needs another look. that case is called "the new york times" versus sullivan. it restricts the ability to sue for defamation because of the first amendment. during neil gorsuch's confirmation hearings in march 2017, sullivan was actually one of the few cases he agreed was federal law. >> supreme court has special protection when we're talking about the media, the press, in covering public officials, public actions. proof of actual malice is required to state a claim.