As always, the answer depends on the facts. This issue is being litigated in a lawsuit arising from Duke University’s and the City of Durham’s treatment of unindicted lacrosse players. You can find the website at issue here. (The website is operated by Bork Communications Group, LLC. Bork is Robert H. Bork, Jr.)
Duke is seeking a court order shutting the website down. You can find all documents filed in the case at the dukelawsuit.com website by clicking here.
For an excellent website about all aspects of the Duke lacrosse case, including the Duke administration’s handling of the case, the (for the most part) wildly inaccurae press coverage, the ideological response to the allegations by a small minority of Duke professsors, and the massive prosecutorial misconduct by Mike Nifong, see Durham-In-Wonderland (also listed under the Blogroll to the right) which could serve as the basis for high school and college level courses on law, media and culture.