But a federal appeals court revived it and, as a result, a trial will now take place.

The case is, at its heart, about the limits of First Amendment protections and the standard set in the landmark New York Times vs.

This lawsuit has always seemed to me to be part of a disturbing trend in recent years of high-profile political figures misusing libel suits as political stunts intended to chill speech on matters of public concern — exactly what the First Amendment forbids."

'An excruciating experience'

Jeffrey Toobin, CNN's chief legal analyst, also agreed that Palin is likely to lose in trial.

"Even though I expect The Times will ultimately win this case, the trial is likely to be an excruciating experience for everyone associated with it at The Times," Toobin told me.

If Palin loses in district court, she can attempt to take her case all the way up to the Supreme Court.

And, as Toobin pointed out, "Palin is the perfect plaintiff and The New York Times is the perfect defendant for the right to mobilize against First Amendment protections for the press."

Whether it would ever make its way to the court, and whether it would side with Palin, is another story.

Boutrous said if Palin loses her case in district court and attempts to get the Supreme Court to "use her case as a vehicle for overturning" the landmark case, she'll still likely fail: "I don't think the Court will do that because the Times decision is such a cornerstone of First Amendment jurisprudence and it has been endorsed over and over again by Justices across the political spectrum for many years, even though two Justices recently urged that it be revisited."

A potential to backfire against the right

The reporting from mainstream news sources tends to be a lot more buttoned up than reporting in right-wing media.