Quote (thundercock @ Mar 22 2021 09:25pm)
Project Veritas's argument is a bit broader than that. They're asserting that this was a predetermined narrative, where the NYT sought out sources which were known to be biased (e.g. people whom Project Veritas had previously reported on), and intentionally didn't seek out individuals (e.g. Project Veritas) who might have offered context / a contrasting opinion. They are relying on the NYT as far as "opinion" goes, because it is the NYT which is asserting that their news reporting is actually subjective.
In addition, they offer circumstantial evidence that implies collusion between the NYT authors and some of their sources, again to push a predetermined narrative that Project Veritas was spreading disinformation.
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Notable, Veritas documented in its complaint metadata and screen shots that demonstrate the unlikelihood that Ms. Astor read and digested the EIP report/blog post, reviewed news reports on Minnesota ballot issues, viewed the Video online, obtained comment from Alex Stamos, wrote her own Article, submitted it to her editors, and had it posted online, all within 63 minutes (complaint, at paragraphs 83-92, Astor Aff.).
Project Veritas will have an easy time demonstrating that the reporting was sloppy, that the NYT did not reach out to relevant sources, and that the timelines on some of the articles obviously supports some of the aforementioned charges. But it's unlikely to be successful because it's inordinately difficult to prove actual malice.
I think the judge is being harsh because the NYT has advanced an incredibly weak argument. But again, the case has a very high bar to clear.
Mollie Hemmingway is very biased, but she was the only reporting I can find on this. I provided the actual judgement for context. Perhaps that's why we shouldn't be so quick to exclude alternative voices from the conversation.