Arpaio Strikes Out On Defamation Suit Against Times
Former Arizona sheriff Joe Arpaio’s defamation lawsuit against the New York Times is dead, and he won’t get his day in court.
Joe Arpaio’s Defamation Lawsuit Against the New York Times
In 2018, the former Maricopa County Sherriff, Joe Arpaio, sued the New York Times and reporter Michelle Cottle for libel over an article entitled “Well, at least Sheriff Joe Isn’t Going to Congress—Arpaio’s Loss in Arizona’s Senate Republican Primary is a Fitting End to the Public Life of a Truly Sadistic Man.”
“America’s toughest sheriff,” as Arpaio liked to think of himself, objected to a Times article that decried his tenure as a “24-year reign of terror […] medieval in its brutality.”
The two teams fiercely fought it out. But in the end, the judge sided with the New York Times, citing long-standing defamation law precedence.
Why Didn’t Arizona Sheriff Joe Arpaio Win his Defamation Lawsuit Against the New York Times?
Contrary to semi-popular belief, harsh criticism and name-calling don’t amount to actionable defamation — especially for public figures who must meet the actual malice standard.
Moreover, according to reports, Arpaio’s legal team didn’t adequately cite instances where the Times or Cottle made false statements with reckless disregard for the truth.
Legal Defamation Involves Material Loss
To win slander and libel cases, plaintiffs must also prove material harm. Did someone lose a job because of the statement? Was a deal lost on account of the quip? For claims involving criminal accusations, the injury is inherently understood. But in Arpaio’s case, he had to prove that the article in question directly resulted in a tangible setback. To that end, Arpaio argued that the “New York Times’ political partisanship and liberal bias know no reasonable bounds.”
The problem with this argument, from a legal standpoint, is its subjectivity. For starters, he didn’t provide any facts to back up the assertion, nor did he link the statement to any material damage.
Even if Arpaio was able to prove factual bias by the publication, bias, alone, doesn’t constitute defamation.
Do you have a Viable Arizona Defamation Case?
Has someone published or broadcast a lie about you? Has it affected your reputation? The best way to determine if you have a viable lawsuit is to speak with a defamation lawyer. They’ll be able to quickly analyze your situation and tell you if you have a winnable claim.