See, this is what gives "us liberals" a bad name: That Huff headline is simply dead wrong. And you know it's dead wrong because I am (taking deep breath... fingers faltering on the keyboard)... agreeing with Clarence Thomas (damn, that was tough to get out).
The First Amendment guarantees us the "right" to "free speech". It places NO obligation on us that that speech must be "free from falsehood." (If that were the quid pro quo, 90% of forum posters on RJ would be in prison).
The only time in my life I was arrested was in college, for calling a cop "a fucking asshole" (to his face, in front of a large group of people). I was arrested for "disturbing the peace," but he couldn't have arrested me for slander, even though what I said was, in fact, "untrue" (the cop was clearly not, literally, a "fucking asshole").
The same point of law is at work here (in principle, Clarence means, even though the argument was one of "standing", but you get to the same conclusion).