The First Amendment does not apply to yelling “fire” in a crowded theatre, or to maintenance of a Website promoting illegal activity such as illicit file-sharing of copyrighted material.

     U.S. Immigration and Customs Enforcement (ICE) has a program called "Operation in Our Sites," that seizes domain names connected with Internet piracy.

     Seizure of a domain name before trial is called prior restraint. That, like banning publication of a book before trial, is generally not allowed in First Amendment cases absent the establishment at a preliminary hearing of a substantial probability of success in proving illegal conduct at trial.

     That substantial probability test was not met in the ruling referenced above. Therefore I agree with with the Electronic Frontier Foundation and would have granted the petition of Puerto 80 to provisionally restore its right to use the domain name.