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Does the State of Israel Have a Case Against The New York Times?
Israeli prime minister Benjamin Netanyahu in Jerusalem on August 13, 2025. (Ronen Zvulun/Pool/AFP via Getty Images)
The paper might be guilty of actual malice. But nations cannot bring libel suits.
By Jed Rubenfeld
08.18.25 — Israel
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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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Jed Rubenfeld
Jed Rubenfeld is a professor of constitutional law at Yale Law School, a free speech lawyer, and host of the Straight Down the Middle podcast. He is the author of five books, including the million-copy bestselling novel The Interpretation of Murder, and his work has been translated into over thirty languages. He lives with his wife, Amy Chua, in New York City, and is the proud father of two exceptional daughters, Sophia and Lulu.
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Supreme Court
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