DVD ads included in newspapers

http://www.cnn.com/2008/US/10/14/muslim.dvd/index.html

There's a DVD about radical Islam that was included in many swing-state newspapers. Some claim it wasn't clear whether it was an advertisement or an editorial. Some claim it played on some voters' misconceptions that Obama is a Muslim. Some claim it aims at pushing mideast policy to the fore-front instead of the economy as major issues for the upcoming election. I claim it reminds me of New York Times v. Sullivan! The newspapers could be sued for the advertisements they publish...but is there actual malice?