The Federal Trade Commission has treated MoveOn.org and Common Cause's petition (which I mentioned earlier this week) with the consideration it deserves. From Commission Chairman Timothy J. Muris:

I am not aware of any instance in which the Federal Trade Commission has investigated the slogan of a news organization. There is no way to evaluate this petition without evaluating the content of the news at issue. That is a task the First Amendment leaves to the American people, not a government agency.

It looks like I will not be following suit against The New York Times.