If it's just the link he's providing he'll probably be okay (though has libel even been tested in the face of wilfully linking without regard for the truth? - the piracy argument was lost on this one, but what about libel?), but if he's including the descriptions he's fucked if it goes to court
Was it actually lost? I'm not aware of anything actually holding up in court. ICE has seized domain names, but all of those are just cowboy operations where they shoot from the hip and don't let questions be asked because of national security. I know in Spain and the UK, linking sites have been explicitly declared legal, and I believe the US government is trying to avoid any precedent on this matter.
No man is an island if he's on at least one mailing list.