Well it is actually close to the idea of “malice aforethought”, but the standard for public figures in libel cases is “actual malice” and has been since NY Times v Sullivan back in the 60’s.
Malice aforethought is an antiquated mens rea (requisite mental state) element for murder. Modern criminal codes have mostly done away with that term, though a few states may still use it.
If there is no substance to the accusations floated in the NE, not only Cruz but all the females impugned have millions of NE dollars in their future and an army of lawyers who will beg for the lawsuits.
I’m working from memory of a journalism class from 1977. We were studying the Billy Sol Estes case in Texas.
By the way, the class taught each story should be written using the five Ws - “who, what, when, where, why with a HOW thrown in. No opinions.