I spent more time pondering this headline than it took me to read this article and the articles surrounding it. To sue is an infinitive. (An infinitive is to plus a verb.) Traditionally, one commits a great grammar offense when one puts a word between to and the verb. This creates the dreaded split infinitive. Split infinitives aren't possible in many languages since the infinitive is one word in other languages. As English rules have been relaxed, the split infinitive has become more and more acceptable. Whether or not it is okay to use a split infinitive, it is not okay to confuse the reader. This headline is in error because it requires mental gymnastics and a close reading of the article to understand. To move the word not changes the meaning of the headline. I think this writer should return to the proverbial drawing board on this one.
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