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Too difficult and costly to prove.

Say screen name "John Doe" was subpoened for comments he made on FreeRepublic. There is no proof that he did or did not type the words. Nobody can prove. John Doe can say he left his computer on, and he had nine people in his house.

Good luck with that one. They can threaten all they want, but if the RIAA can't make anti-piracy stick, some local ACLU unit isn't going to bother with this. No smart attorney would touch it with a ten foot pole.

Say screen name "John Doe" was subpoened for comments he made on FreeRepublic. There is no proof that he did or did not type the words. Nobody can prove. John Doe can say he left his computer on, and he had nine people in his house.

At which point, the case against John Doe for defamation will end, and a new case against John Doe for tortuously gross negligence will begin--and John Doe's testimony will be the sole exhibit needed to get a verdict against him.

You are missing the point.

It doesn't have to be proven. All that needs to happen is for the ACLU, which has teamed up with Schiavo and Felos, to help them launch mulitple lawsuits against FR and many Freepers all at once.

This legal harassment would cause great harm to the posters, and embroil them in legal battles that would keep them busy for years. A very effective ploy, and as Calpernia has mentioned, she thinks Schiavo's people have started to do this to her.

This will then quiet down the FR supporters of Terri Schiavo. Felos and Schiavo's bone of contention is the fact that the grassroots effort brought in the legislature and governor, they didn't want that to happen.

Keep in mind that the Democratic powers that be have already taken down Bennett and Rush. FR is a legitimate target for them. And I am certain that the Democrats in Florida have not forgotten the 2000 election, and want payback, even if they just achieve it incrimentally. The Democrats would support Felos and Schiavo.