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Roy Gutterman, associate professor of magazine, news and digital journalism in the Newhouse School and director of the Tully Center for Free Speech, was quoted in the NY Daily News story “” Gutterman, an expert on First Amendment law, explained that Judge Rakoff’s dismissal of the case was in line with defamation case law.

“Public officials have to overcome a high burden for a reason. The evidence and testimony throughout this trial indicated that though the New York Times published erroneous information in that editorial, it was not deliberate or reckless; it was simply a mistake. An editing mistake, though ‘unfortunate,’ as the judge noted, is not proof of actual malice,” Gutterman said.