I came across the situation regarding MMM from an article posted on Techdirt. What can I say, I always keep up to date on issues regarding website owners. While I run and operate my own website and message forums, going on ten years now, I'm aware of the rights and responsibilities I have as a website administrator. While the members of my community don't post anything slanderous or libel, which is against the policy of my site, I was appalled that MMM received a Cease and Desist regarding the discussion of Kiss Trust and the discussion of "Kiss Trust".
Far as what I do know, business, corporations, governments and people cannot order you not to discuss something. Discussing "Kiss Trust" would be a violation of MMM's constitutional rights as guaranteed under the First Amendment. These are absolute and it seems like Kiss Trust is trying to throw every possible law at your site in an effort to scare you guys into backing down.
While this is not legal advice, as I would advise MMM to consult an attorney, I don't believe there is a single court in this country who would find for Eastern Point Trust Company or Kiss Trust because this would be violating your constitutional rights. If a court found for Kiss Trust, the federal appellate courts would, more than likely, overturn that decision. If they didn't, it would not survive a U.S. Supreme Court challenge.
I'm just appalled that Eastern Point Trust Company would try to scare you guys into removing your topics or posts discussing Kiss Trust.
The only thing a court could do is order you to remove the offending messages. They would not force you to remove the topics discussing Kiss Trust. Eastern Point Trust Company is just on the losing side and they simply don't want this going to court, because they would lose. They would also have to prove the defamation in the posts on your forums, and those are hard to prove, unless the posts are blatantly false.