until very recently, individual newspapers were much closer to pamphleteers—limited reach, lots of alternatives—than contemporary internet platforms are. straightforward 1st-amendment speech claims were more defensible, even though as you say, journalistic norms and tort risk did regulate them. 1/

(craigslistation and resulting consolidation have altered this. The New York Times was "the paper of record" then, but never bestrode the industry in the way it does now. i'd not favor therefore lifting its free speech rights! but consolidation renders the traditional arguments harder calls.) /fin