I think it boils down to one of two basic legal issues.
The matter of freedom of speech which is effectively an empty dream in the USA nowadays what with the DMCA and more recent legislative changes.
The second would be whether or not published web site content is protected under "Freedom Of Press" legislature. This is a gnarly issue, and for sure it is coming to a head. Unfortunately in a world where "Freedom of Speech" gets trampled on by all and sundry, I do not hold out a lot of faith that people will continue to be able to express their view openly on the web for much longer without fear of legal reprisal.
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