"He's still guilty of putting smears on the internet"
Isn't that called SLANDER?
Mainly depends on the truth or falsehood of the content. It can get a bit complicated due to issues like presentation and provability of the charge - but if the "smear" is true then it's protected under law and First Amendment.
Of course some individuals try and turn "valid smears" in to blackmail. Those folks go to jail.