This is a very specific instance of a much more general problem. A lot of private companies control exclusive access to something with a value that dwarfs what you pay for it. I pay nothing for access to Twitter; if I build a business or a social life on the platform, it becomes something I would pay thousands of dollars to prevent losing. I pay nothing for access to Facebook; the memories they store at this point in…
Mostly playing devil's advocate here: When the Constitution was written, free speech meant literally that, your ability to go to a public space and physically talk. No third party was involved as it is with any telecommunication technology. So the resources consumed in that speech were totally your own. The only way to strictly have that equivalent in the telecommunications realm is for me to own every communication…
I would expect that crimes associated with speech (slander, defamation, fraudulent representations, incitement to violence, threats, etc) would be applicable to individuals and to corporations equally.
I would agree that the control that a handful (relative to all corporations) of online companies wield is something quite new (historically speaking) and our laws, regulations, and even legal principles are playing catchup. We may need some original thinking to help us evolve our legal systems to meet the challenge.