Their is a difference between "free speech" and incessant libelous speech. That's probably what's at issue here.

Elizabeth Long wrote:

 Now,

the California Supreme Court will determine whether the former

employee's e-mail is a form of electronic trespassing, as Intel

claims, or an expression of free speech. http://www.msnbc.com/news/794127.asp ....Intel has already won 3 rounds of court battle




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