This is the result of out-sourcing juristic work to private companies: If we treat Android, Window, Twitter, Facebook, as public spaces/goods, then private companies should not have a say in what is allowed/not-allowed on their platforms. This is work for the courts and police to decide and enforce. If we treat those platforms as private. Then we are playing in s/o's backyard. You are totally at their mercy. They hav…
The only thing that needs to be constitutionally challenged is whether discretionary content filtering constitutes agency in publication under section 230 of the CDA.
The whole point of 230 was to answer that: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider".
Some courts had said that filtering makes the provider a publisher and liable for the content. Congress passed 230 to reverse that.