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This study, using as guides the theory of the public sphere and the Good Samaritan clause of the 1996 Telecommunications Act, examined the policies for online comment of the ten largest newspapers in the United States. Overall, this examination revealed that the majority of sites do allow the formation of a public sphere in which matters of public interest are debated and discussed. This was found in four primary ways: rhetorical invitations to take part, demands for “civility,” fodder for discussion, and opportunities for dialogue. Yet, the policies also reveal barriers to inclusion and robust debate. This was found in three primary ways: threats of banishment and referral to authorities for violating policies, a trend toward named comment, and, in some cases, strident demands for “on-topic” comments. This study points out the vital issues at stake between the legacy media and their relationship with viewers as news increasingly becomes, as Pew research notes, a “participatory activity.”