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To Moderate or Not to Moderate?

I was reading this story tonight    (from 2005) and got to thinking about where we stand now. Last I heard, when I wrote a piece for OJR (Online communities: Growing an Internet garden) publishers weren't responsible for third party content even if they moderated their site.
I know I'm not going to stop moderating (gatekeeping), but I was wondering where the courts currently stand.
Anyone know?

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