The database contains "legal threats" to online speech. As a general matter, a "legal threat" is an adverse action that a person or organization is threatened with because of their activities involving online speech, such as reporting on events, blogging, or posting other expressive or creative content. The key is that the online activity at issue must be "expressive." Mere copying of another's work (e.g., peer-to-peer sharing of copyrighted music) does not involve expressive activity, so it would not be included in the database.

The legal threat must arise from "online speech." For instance, the database does not include defamation cases arising solely from print newspapers. Otherwise, the scope of speech appropriate for the database is broad. Relevant speech activities include reporting on events, blogging, posting on a forum, among many others. The only requirement is that the online conduct should include some expressive element or creative spark. This could occur through reporting, commenting, criticizing, creating, re-mixing, analyzing, and other similar activities, so long as they include that minimum creative aspect.