In reviewing the case the court also held that was a private comment.
okay
An interesting point that many forget in this day of individual 'public' communication ability.
What you say to a friend, or a co-worker should be considered 'private discussion'. Nowadays, everyone has the ability to be their own NEW YORK TIMES. Putting your comments on an OPEN PUBLICLY ACCESSED MEDIA FACILITY/WEBSITE could be/and is being considered equal to the limits and responsibilities imposed on the 'press'. And for the same reason.