I am writing on behalf of Sarah Palin relative to the Anchorage Daily News’ (“ADN”) continued publication and re-publication of the story by Mr. Dunn that appears to be defamatory, malicious and just goes too far. We ask that the story, and the ADN link to this story, immediately cease.
Mr. Dunn has made the serious, and false, accusation that the Governor plagiarized text from Newt Gingrich. (Re-wording this in your story or Mr. Dunn’s story to the softer “lifted” is not a substantive difference, but it does reflect the fact that Mr. Dunn may now recognize that he was wrong in calling it “plagiarism”).
To evaluate this, we start with a definition of what “plagiarism” is and just as importantly, what it is not. Plagiarism is not reciting text originally authored by another. Rather, it is presenting somebody else’s expression of ideas without attribution or acknowledgement. See http://www.merriam-webster.com/dictionary/plagiarized (“steal and pass off the ideas or words of another as one’s own: using (another’s production without crediting the source”).
I have a copy of the transcript of the speech given by Governor Palin. It is abundantly clear in context, and even in sub-context, that the overview of President Reagan’s legacy was attributed to Newt Gingrich. Before the text of paraphrased analysis was ever mentioned, the Governor clearly noted the source for her comments: “Recently, Newt Gingrich had written a good article about Reagan.” Thereafter, the Governor expressly referred to “Newt Gingrich” or the pronoun “he” or “he said” (all referring to Newt Gingrich). Thus, the commentary, paraphrase and analysis were acknowledged, attributed and sourced at the outset of the commentary—and at the end of the commentary. For example, the speech stated: “He said, regarding your dad Michael, he said we need to learn from his example that courage and persistence are keys to historic achievement.” Then, after the paraphrased comments, she again noted her source: “What Newt had written in this article....”
Far from “lifting” or plagiary, this is proper attribution in a political speech. The audience was made aware that Mr. Gingrich wrote about President Reagan’s legacy, and Governor Palin attributed her paraphrasing to Mr. Gingrich expressly and did so at the beginning and at the end of the paraphrasing. Labeling this type of commentary plagiarism is defamatory. It is also simply false. We ask that this article be withdrawn from your website and newspaper because of its errors.
Though there is considerable constitutional leeway for comment about public officials, statements made with malice are actionable. Actual malice is akin to deceit and misrepresentation. It is an intentional misrepresentation to assert, as fact, that Governor Palin failed to attribute her paraphrased commentary to Mr. Gingrich. It is also a statement made with reckless disregard for the truth. Either way, it is defamatory.
I am attaching a copy of the introduction. The paraphrased commentary was clearly attributed to Newt Gingrich, and no fair journalist should make the serious assertion that the Governor did not credit Mr. Gingrich with the comments he made about President Reagan. Please withdraw this article/commentary from your publication.
Full pdf, including her speech, is here.
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