Olivia Reingold and Tanya Lukyanova uncovered the truth behind a dozen viral images depicting famine in Gaza: All the subjects had significant health problems. Read their full investigation here.
On August 7, in an interview on Fox, Israeli prime minister Benjamin Netanyahu threatened to sue The New York Times for falsely defaming Israel in a July 24 front-page article headlined “Gazans Are Dying of Starvation.”
Could Israel win that suit?
Some prominent law professors think so. Richard Epstein, the highly respected New York University and University of Chicago professor, says that the Times’ conduct appears so egregious that “any trier of fact, whether a court or a jury” would be allowed “to award huge sums of damages.” His conclusion: “The sky’s the limit in Israel v. New York Times.”
Regrettably, I’m obliged to disagree. I think Israel v. New York Times wouldn’t have a prayer. Because under American law, Israel (or any other country, for that matter) cannot be libeled.
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Author: Jed Rubenfeld
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