Well, presumably if it was a section 1983 matter you'd sue the individual state agent, so I don't really see what sovereign immunity has to do with anything her

Well, presumably if it was a section 1983 matter you'd sue the individual state agent, so I don't really see what sovereign immunity has to do with anything here. And yeah, so again, back to the original comment: presumably you or I are just as free to do things like you've listed. If I choose one paving company over another, I can publish my reasons for doing so. I can even offer to remove that post is the latter pays me to do so (this is essentially Yelp's business model, right? gross.) So how will the system treat this as different?