Is Kos a public figure?

· Journalism

House Majority Whip Tom DeLay notes that Daily Kos is supporting his opponent, Mr. Morrison (one of the Kos Dozen), asserting

“Mr. Morrison also has taken money and is working with the Daily Kos, which is an organization that raises money for fighters against the U.S. in Iraq.”

Markos laughsthis off (Daily Kos :: TX-22: DeLay is losing it), but I wonder if he should be pursuing his legal options. It sounds like DeLay is accusing the popular left-wing blog site of treason without any basis for saying so.
This seems similar to Hasert’s insinuations against Soros, but Soros is clearly a public figure (yet he himself sent a letter demanding a retraction). Is Moulitsas?