Defending a company's AUP/ToS is reasonable when the company is reasonably sized, but HE is clearly over that limit. When a company gets too big to fail (banking also comes to mind) due to providing crucial societal function, there should be very strict restrictions on what they're allowed to moderate. This also applies to big industry conglomerates (oil, pharmaceuticals).
Another part of the problem seem to be various lazy officials not prosecuting these sites on the basis of obvious crimes involved in their operation.
I really appreciate EFF defending the obviously neutral approach here.