Earlier quoted context omitted.
The only thing that needs to be constitutionally challenged is whether discretionary content filtering constitutes agency in publication under section 230 of the CDA.
Do I understand you correctly that you're talking about whether discretionary content filtering by a platform makes them into a publisher? This would mean that protections that apply to platforms wouldn't apply to them anymore for things like copyright infringement, right?
> 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.