Earlier quoted context omitted.
The correlation between the digital town square and the physical one is often cited but tenuous at best. Other video streaming sites exist. Moving to them is a click away - no need to pack up your family and put a deposit down.
The digital town square is where the people are at. Moving to other streaming sites is more like having your expression relegated to some dusty back road. If YouTube wants to be editor over the content they host, then they ought to be subject to the same liabilities as a publisher. If they want to be considered a platform then should be forced to remain neutral. The conflation of these mutually exclusive roles serves…
The case cited was one where a piece of land was being used, passively, by individuals requiring no unique support or upkeep by owner in order for the plaintiffs to enjoy those freedoms. To make it relevant to YouTube, the court would have had to rule that the private business was required to provide shade, iced tea in sweet and unsweet varieties, as well as free megaphones.