this was a clear mistake by the new york times, but, you know, the sullivan standard has been a target for conservatives for quite some time and there s a lot of momentum behind it now. in a separate opinion justice clarence thomas joined by justice neil gorsuch said it was time to revisit the standard. so the idea is out there and with six supreme court conservatives you don t know that the rules are going to remain the way they are. they may actually change. but first in this case palin has to win. what i ve seen in the court documents so far, the depositions with new york times editors, we see a lot of sloppiness, some crew ups by the editor at the time james bennett inserting language that s wrong but the next day we see a really freaked out editors and writers who are sorry, who regret it, who want to fix it. they never apologized to palin but internally you could tell there was a sense of embarrassment, they wanted to