I recommend Insane Journal, simply because of This Thread (http://asylums.insanejournal.com/announcements/34249.html), which the admin says "We understand why a lot of you are coming over here, and we do not believe in censorship beyond the letter of the law. We will not remove any content from the site unless we receive an official DMCA take down notice or are contacted by an official law enforcement or other legal agency."

I have yet to sign up there (partly because I'm waiting to see what my flist will do/where they will go), but it seems like a nice and friendly place =) Squeaky (the admin) mentioned that s/he was wondering how many lawsuits LJ fucked up by suspending/deleting accounts (aka evidence) without ever being told to take it down for legal purposes.