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Sunstein’s position is like that of a cop, who, upon seeing the town bully start to beat on his wife, charges them both with a crime because they were both "participants" in the fight. It may be technically correct, but it dumbs thing down to the point where laziness and cowardice trimph over good judgment and common sense.
The bully scenario, by the way, is an excellent model of the current political dynamic. Republicans are boldy abusive and the Dems are too cowed to fight back. And since the cops, the court, and the media are on the bully's side, things are not looking so great for those Dems.
Sadly, American society is filled with people like Sunstein who have either astonishingly poor judgment (even my staunch Republican neighbors could not come up with one good reason to vote for W, and they had a week to think about it) or else refuse to exercise any judgment at all. And it's not limited to the internet.
