One, if AOL moderates its chat rooms, then it is by definition a 'publisher'. By allowing some content and not others it is setting itself up as an arbiter, 'blessing' some material.
Second, AOL has the power to unplug any of its subscribers and thus has an obligation to all of its members.
I'm not so sure that AOL's user agreement is sufficient to cover its liability
Yeah, but the plaintiff has to prove damage before AOL alleged liabilities matter, nicht wahr?
I just want to let you and everyone here know that I have known InkPen almost my whole life, and I can tell you here that he is dirty, sneaky and will pee in your pocket every chance he gets, and if he denies what I just said, he is a stinking liar, so there!