There's no lawsuit unless you are actively distributing said list in a way intended to defame, libel, or slander someone on it, or in a way to discriminate against them in any way, form, or fashion.
This does, however, preclude most people from distributing the list because,,, well,,, what else are you going to do with it in most circumstances? YOU may not be intending to do anything but see who's on it, but the next guy might be intending to use it in reciprocity for past grievances.
In this case, people "live in the past" because the only deterrent to being a Scab is the fallout from what happens if you DO cross an established picket line to fly "struck work".
Their thought is, if you make it painful enough for them, and the whole world sees what happens to them professionally and personally, people would be much less likely to Scab the next time.
This isn't to say I agree or disagree with the list, but if we ever had a strike at AirTran, even a CHAOS action, once legal and released by the courts, I'd be pretty hateful of pilots who crossed while we were trying to improve our situation in life. You can bet I'd remember who they were. Forever.
That's what the people who formed those lists were doing. To them, I imagine it's very personal. Wouldn't it be to you if YOU were the one getting shat on by your fellow pilots while you tried to make everyone's life better?
It's not the past I'm worried about; it's our future, and Scabs would be our worst enemy during a legal job action.